Kerala High Court
WP(C)/34783/2023 of KIRAN JOSE Vs THE SOUTH INDIAN BANK LTD. on 3 April 2025
WP(C) NO. 34783 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 34783 OF 2023 PETITIONER/S: 1 KIRAN JOSE, AGED 45 YEARS S/O. DEVASIA JOSEPH, KALAYATHINKALKUZHIYIL HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 34783 OF 2023
PETITIONER/S:
KIRAN JOSE, AGED 45 YEARS
S/O. DEVASIA JOSEPH, KALAYATHINKALKUZHIYIL HOUSE, POOVARANY P.O., KOTTAYAM, KERALA., PIN - 686577
ROSAMMA JOSEPH, AGED 72 YEARS
W/O. DEVASIA JOSEPH, KALAYATHINKALKUZHIYIL HOUSE, POOVARANY P.O., KOTTAYAM, KERALA, PIN - 686577
JOSEY KIRAN, AGED 39 YEARS
W/O. KIRAN JOSE,,KALAYATHINKALKUZHIYIL HOUSE, POOVARANY P.O., KOTTAYAM, KERALA, PIN - 686577
BY ADVS.
S.JIJI
M.M.BABY
RESPONDENT/S:
THE SOUTH INDIAN BANK LTD.
AKALAKUNNAM BRANCH, KANJIRAMATTOM P.O.,
KOTTAYAM REP. BY BRANCH MANAGER, PIN - 686585
THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE, FIRST FLOOR, REGENCY SQUARE, COLLECTORATE P.O., KOTTAYAM, PIN - 686501
BY ADVS.
SUNIL SHANKER
VIDYA GANGADHARAN(K/000424/2020)
GAYATHRI.M.M(K/003350/2022)
DEVAYANI NAIR T.H.(K/1531/2019)
SRI. SUNIL SHANKER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioners have approached this Court seeking the following reliefs:- ‘’i) Call for the records leading to the issuance of Ext. P-1 & P-2 orders and issue a writ of Certiorari or any other appropriate writ, order or direction quashing Ext. P-1 & P-2 orders,
ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to regularize and reschedule the loan account of the petitioner and to give him 10 months time and installment facility to pay off the entire interest arrears;
iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to give him 10 month time and instalment facility to pay off the entire loan amounts if they are not willing to regularize the loan account;
iv) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents not to take any further coercive measures under the SARFAESI Act till the disposal of SA No.299/2022 before the DRT II, Ernakulam;
v) To pass such orders or direction restraining the respondent bank from proceeding against the petitioner’s property under the SARFAESI Act. ‘’
2. Learned counsel appearing for the respondent bank submits that pending the writ petition before this Court, a One Time Settlement was offered to the petitioners for a sum of Rs.1.30 Crores and the petitioners paid nearly Rs.55 lakhs towards the One Time Settlement and they have requested the bank for extension of time to comply with the terms of One Time Settlement. It is submitted that the request made by the petitioners is under the active consideration of the respondent bank.
3. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank , I am of the view that this writ petition need not be kept pending before this Court and can be disposed of, directing that the request made by the petitioners for extension of time to comply with the terms of One Time Settlement shall be duly considered by the competent Authority of the respondent bank and the decision thereon shall be communicated to the petitioners, as expeditiously as possible, before continuing with any further measures under the SARFAESI Act. All contentions taken by the petitioners are left open to be urged before the Debts Recovery Tribunal-II, Ernaulam in S.A. No.299 of 2022, if necessary. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 34783/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER DATED 20-07-2022 IN M.C. NO. 401/2022 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM Exhibit P-2 TRUE COPY OF THE EXTRACT OF ORDER SHEET IN M.C. NO. 401/2022 DATED 16-09-2023 OF CJM COURT KOTTAYAM