WP(C)/12911/2025 of JOSE.N.J, Vs AUTHORIZED OFFICER, on 3 April 2025

JUDGMENT

These Writ Petitions have been filed challenging the proceedings initiated by the respondent bank under the provisions of the SARFAESI Act to recover amounts due from the petitioner under credit facilities availed from the respondent bank.

2. When this matter is taken up for consideration today (03.04.25), it is the submission of the learned counsel for the respondent bank that though the petitioner did not comply with the interim order dated 17.10.2024 issued in WP(C) No.36473/2024, the petitioner has now remitted a sum of Rs.10,00,000/-. After giving credit to the amount of Rs.10,00,000/- paid by the petitioner, the present outstanding amount is Rs.27,85,087/-. It is submitted that the sale of the property of the petitioner, scheduled for 29.03.2025 did not take place for want of bidders.

3. The learned counsel appearing for the petitioner would submit that there is a one time settlement (OTS) scheme in force till 30.04.2025 and the petitioner wishes to settle the liability under this scheme.

4. The learned counsel appearing for the respondent bank submits that if the petitioner submits an application for one time settlement immediately, the same can be considered in terms of the scheme, provided the petitioner pays the entire amount due under the OTS scheme by 30.04.2025. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank, these Writ Petitions will stand disposed of directing that if the petitioner files an application for OTS by 5 pm on 07.04.2025, the competent authority of the respondent bank shall take a decision on the application for OTS and communicate its decision to the petitioner. If OTS is granted to the petitioner, the petitioner shall duly and faithfully comply with the terms of the settlement. Till a decision is taken on the application for OTS to be submitted by the petitioner as directed above, further proceedings under the SARFAESI Act shall remain suspended. sd/- GOPINATH P. JUDGE Nsd

APPENDIX OF WP(C) 36473/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO. ODCS 043209000000001 DATED 18/09/2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ALONG THE |ENGLISH TRANSLATION

APPENDIX OF WP(C) 12911/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE FOR SALE OF PROPERTY HAVING REFERENCE NO. ODCS 0432090000000001 DATED 11.03.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 17.01.2025 PREFERRED BY THE PETITIONER TO THE GENERAL MANAGER/CEO, PEOPLE’S URBAN CO- OPERATIVE BANK, THRIPUNITHURA Exhibit P3 TRUE COPY OF EXPARTE INTERIM ORDER DATED 17.03.2023 IN CMP NO. 352 OF 2023 IN MC NO. 16 OF 2023 ISSUED BY THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA Exhibit P4 TRUE COPY OF MEDIATION AGREEMENT DATED 23.10.2024 ENTERED INTO THE PETITIONER AND SMT. JASEENTHA JOS IN MC16 OF 2023 ON THE FILES OF HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA Exhibit P5 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 12.02.2025 FILED BY THE PETITIONER BEFORE THE HON’BLE JUDICIAL MAGISTRATE COURT, TRIPUNIHURA Exhibit P6 TRUE COPY OF THE CHEQUE NO. 10305489 DATED 17.01.2025 FOR RS.5,00,000/- DEPOSITED BY THE PETITIONER TO THE RESPONDENT BANK