Kerala High Court
WP(C)/12821/2025 of VIJAYARAJAN Vs THE NILAMBUR CO-OPERATIVE URBAN BANK LTD. on 27 March 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12821 OF 2025 PETITIONER: VIJAYARAJAN, AGED 61 YEARS, S/O.KANANRAN, CHATHAMARTHODIKA (H), KANARANPADI, ARIMANAL (P.O),MALAPPURAM DISTRICT, PIN –
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
WP(C) NO. 12821 OF 2025
PETITIONER:
VIJAYARAJAN,
AGED 61 YEARS,
S/O.KANANRAN, CHATHAMARTHODIKA (H), KANARANPADI, ARIMANAL (P.O),MALAPPURAM DISTRICT, PIN – 676525.
BY ADV K.DILIP
RESPONDENTS:
THE NILAMBUR CO-OPERATIVE URBAN BANK LTD., EDAKKARA (P.O), NILAMBUR, MALAPPURAM DISTRICT
REPRESENTED BY IT’S ASSISTANT GENERAL MANAGER /
AUTHORIZED, PIN – 679331.
THE NILAMBUR CO-OPERATIVE URBAN BANK LTD, KALIKAVU JUNCTION, KALIKAVU BRANCH, KALIKAVU, MALAPPURAM DISTRICT, REP. BY ITS BRANCH MANAGER, PIN – 676525.
BY ADVS.
RAMESH BABU T
C.K.SREEJITH(K/2048/1999)
NIMISHA P. SHANMUGHAN(K/000856/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner faces proceedings under the SARFAESI Act to recover amounts due from him under the provisions of the SARFAESI Act. The petitioner is before this Court seeking a direction to the respondent Bank to consider Ext.P5 request for One Time Settlement made by the petitioner and to take a decision thereon within a time frame to be fixed by this Court.
2. The learned counsel appearing for the respondent Bank submits there is no objection in a direction being issued to the competent authority to consider and pass orders on Ext.P5, in accordance with the law. Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this writ petition will stand disposed of directing that the competent authority of the respondent Bank shall consider Ext.P5, in accordance with the law and after affording an opportunity of hearing to the petitioner. The writ petition will stand disposed of accordingly. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 12821/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE 13(2) NOTICE ISSUED BY THE RESPONDENT BANK DATED 07/10/2024 Exhibit P2 A TRUE COPY OF THE OBJECTION SUBMITTED TO EXT.P1 DATED 27/11/2024 Exhibit P3 A TRUE COPY OF THE REPLY TO EXT.P2 DATED 08/01/2025 Exhibit P4 A TRUE COPY OF THE 13(4) NOTICE DATED 24/03/2025 Exhibit P5 A TRUE COPY OF THE REQUEST PLACED BY THE PETITIONER BEFORE THE RESPONDENT BANK DATED 25/03/2025 Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS ISSUED IN FAVOUR OF THE PETITIONER DATED 25/03/2025