Kerala High Court
WP(C)/12500/2025 of ABDUL BASHEER, S/O. MOIDU, Vs THE BRANCH MANAGER, on 28 March 2025
OF 2025 1 2025:KER:27380 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12500 OF 2025 PETITIONER: ABDUL BASHEER, S/O. MOIDU, AGED 62 YEARS AREEKKARA HOUSE, MARUTHONKARA ROAD, ADUKKATH P.O,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 12500 OF 2025
PETITIONER:
ABDUL BASHEER, S/O. MOIDU,
AGED 62 YEARS
AREEKKARA HOUSE, MARUTHONKARA ROAD, ADUKKATH P.O, KUTTIADY, KOZHIKODE, PIN - 673508
BY ADV SAYED MANSOOR BAFAKHY THANGAL
RESPONDENT/S:
THE BRANCH MANAGER,
IDBI BANK LTD, KALPETTA, KALPETTA BUSINESS CENTRE, BYPASS JUNCTION, WAYANAD, WAYANAD DISTRICT, PIN - 673121
AUTHORISED SALE OFFICER,
IDBI BANK LTD, KALPETTA, KALPETTA BUSINESS CENTRE, BYPASS JUNCTION, WAYANAD, WAYANAD DISTRICT, PIN - 673121
OTHER PRESENT:
SMT. R.REMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court, seeking a direction to the respondent bank to grant further time for making payment in terms of a One Time Settlement sanctioned to the petitioner by the respondent bank.
2. Learned counsel appearing for the respondent bank submits that the One Time Settlement was offered under a specific scheme and the terms of that Scheme cannot be modified as requested for by the petitioner. It is submitted that, this Court cannot, in the exercise of jurisdiction under Article 226 of the Constitution of India modify the terms of One Time Settlement, going by the principles laid down by this Court in State Bank of India V. Sham; 2024 (6) KLT 865.
3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that the learned counsel appearing for the respondent bank is right in contending that, this Court cannot, in the exercise of jurisdiction under Article 226 of the Constitution of India, direct the bank to modify the terms of One Time Settlement offered to the petitioner. However, it will be open to the respondent bank to consider any request that may be made by the petitioner for modification of the terms of One Time Settlement. Therefore, the writ petition will stand disposed of, directing that Exhibit P4 request made by the petitioner shall be considered and disposed of by the competent Authority of the respondent bank, within a period of one week from the date of receipt of a certified copy of this judgment (if not already disposed of). Writ petition is ordered accordingly. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 12500/2025 PETITIONER EXHIBITS Exhibit P 1 TRUE COPY OF JUDGMENT DATED 19-02-2025 IN WPC
Exhibit P 2 TRUE COPY OF THE OFFER LETTER DATED 15-10-
Exhibit P 3 TRUE COPY OF LETTER OF ACCEPTANCE OF ONE TIME SETTLEMENT SCHEME DATED 13-02-2025 Exhibit P 4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT