Petitioner seeking writ to direct bank to consider his one-time settlement claim. Court directed bank to reply and pass orders on the representation within one month without deciding merits.
Direction to respondents to consider Exhibit P4 and pass orders within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940
WP(C).No. 3179 of 2019
PETITIONER/S:
MR.SUDHEER A., AGED 43 YEARS, S/O.ALIYARKUNJU, VALIYAVILA VEEDU, CHERIKONAM, KANNANALLOOR P.O., KOLLAM-691576.
BY ADVS. SRI.P.R.MILTON SMT.SALI P.MATHEW SRI.K.J.CHACKOCHAN SRI.P.R.MILTON
RESPONDENT/S:
1 ASSISTANT GENERAL MANAGER, ASSET RECOVERY HUB, STATE BANK OF INDIA, THIRUVANANTHAPURAM-695007.
2 THE BRANCH MANAGER, STATE BANK OF INDIA, POOYAPPALLY BRANCH, CHANEVILA DUBY AUDITORIUM, POOYAPPALLY P.O., KOLLAM691537.
OTHER PRESENT:
JAWAHAR JOSE SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3179 of 2019 2
JUDGMENT
The petitioner has approached this Court seeking the
following prayers:-
i. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to consider Exhibit P4 representation and pass appropriate orders for selling the liability of the petitioner in accordance with Exhibit P4 representation.
ii. To issue a writ of mandamus or any other appropriate writ order or direction to the respondent bank to stop the recovery measures till the disposal of Exhibit P4 representation for one time settlement proposal.
WP(C).No. 3179 of 2019 3
seeking One Time Settlement Scheme of the loan at Rs.14 lakhs.
In the above view of the matter, without expressing any view on the merits of the matter, there will be a direction to the respondents to consider Ext.P4 and pass orders thereon before proceeding further steps for recovery of the amounts from the
WP(C).No. 3179 of 2019 4
petitioner. Orders shall be passed within a period of one month
from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
rmm
WP(C).No. 3179 of 2019 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THE HOSPITAL AUTHORITIES DATED 02.01.2018.
EXHIBIT P2 TRUE COPY OF THE MEDICAL PRESCRIPTION. EXHIBIT P3 TRUE COPY OF THE ECHOCARDIOGRAM REPORT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 22.10.2018.
RESPONDENTS EXHIBITS NIL
// TRUE COPY //
P.A TO JUDGE
1 issue framed by the court
Whether the bank is liable to consider and reply to the petitioner's request for a one-time settlement proposal before proceeding with further recovery measures.
Sudheer A.
Assistant General Manager, Asset Recovery Hub, State Bank of India, Thiruvananthapuram
Branch Manager, State Bank of India, Pooyappally Branch, Kollam
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
