Petitioner sought period extension to remit loan amount under OTS. Court permitted new proposal submission within one month, holding coercive steps on hold during that period.
Permit petitioner to submit fresh proposal and make initial remittance within one month; coercive steps on hold for one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 WP(C) NO. 27176 OF 2022
PETITIONER/S:
BASIL THOMAS AGED 51 YEARS S/O. K.J. THOMAS, KANJIRATHINKAL HOUSE, KOLLAPPALLY, PALA - 686651. BY ADVS. ZAKEER HUSSAIN K.A.SANJEETHA
RESPONDENT/S:
1 CANARA BANK, PALA BRANCH CHEMPAKATHUMKAL BUILDINGS, NEAR ST. THOMAS PRESS, PALA - 686575, REPRESENTED BY ITS SENIOR MANAGER.
2 REGIONAL MANAGER, CANARA BANK, REGIONAL OFFICE, KOHINOOR ARCADE, MC ROAD, KOTTAYAM - 686028.
OTHER PRESENT:
SC V.B. HARI NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 27176 of 2022
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JUDGMENT
Dated this the 02nd day of September, 2022
The only prayer sought in the writ petition is to extend the period of OTS and thereby
provide the petitioner with an opportunity to remit the entire amount demanded by the Bank.
submitted that the OTS period is over and if the petitioner is desirous of settling the loan under OTS, he will have to submit a fresh proposal and remit 25% of the amount.
The writ petition is accordingly disposed of,
permitting the petitioner to submit a fresh proposal and to make the initial remittance as directed by the Bank within one month. To provide an opportunity for the petitioner to submit the
W.P.(C) No. 27176 of 2022
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fresh proposal, coercive steps shall be kept on hold for one month.
Sd/-
V.G.ARUN JUDGE
Scl/02.09.2022
W.P.(C) No. 27176 of 2022
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APPENDIX OF WP(C) 27176/2022
| PETITIO Exhibit |
NER EXHI P1 |
BITS TRUE COPY OF THE 22.10.2021 IN RES NO. 4359/801/3732 |
OTS SANCTION DATED PECT OF LOAN ACCOUNT . |
|---|---|---|---|
| Exhibit | P2 | TRUE COPY OF THE 22.10.2021 IN RES NO. 4359/801/3885 |
OTS SANCTION DATED PECT OF LOAN ACCOUNT . |
| Exhibit | P3 | TRUE COPY OF THE 22.10.2021 IN RES NO. 4359/801/4056 |
OTS SANCTION DATED PECT OF LOAN ACCOUNT . |
| Exhibit | P4 | TRUE COPY OF THE 22.10.2021 OF M/S |
OTS SANCTION DATED . KANJIRATHINKAL |
| SERVICE STATION I ACCOUNT NO. 4359/ |
N RESPECT OF THE LOAN 140/224. |
||
| Exhibit | P5 | TRUE COPY OF THE 22.10.2021 OF M/S STORES IN RESPECT NO. |
OTS SANCTION DATED . MATHA CHIPS AND OF THE LOAN ACCOUNT |
| Exhibit | P6 | TRUE COPY OF THE 29.01.2022 ISSUED THE REMITTANCE OF 50,000/- |
COUNTER FOIL DATED BY THE BANK SHOWING THE AMOUNT OF RS. |
| Exhibit | P7 | TRUE COPY OF THE 18.02.2022 ISSUED THE REMITTANCE OF 50,000/- |
COUNTER FOIL DATED BY THE BANK SHOWING THE AMOUNT OF RS. |
| Exhibit | P8 | TRUE COPY OF THE 18.02.2022 ISSUED THE REMITTANCE OF 1,50,000/- |
COUNTER FOIL DATED BY THE BANK SHOWING THE AMOUNT OF RS. |
| Exhibit | P9 | TRUE COPY OF THE 16.03.2022 ISSUED THE REMITTANCE OF 95,000/- |
COUNTER FOIL DATED BY THE BANK SHOWING THE AMOUNT OF RS. |
| Exhibit | P10 | TRUE COPY OF THE 02.07.2022 ISSUED THE REMITTANCE OF 25,000/- |
COUNTER FOIL DATED BY THE BANK SHOWING THE AMOUNT OF RS. |
| Exhibit | P11 | TRUE COPY OF THE 27.07.2022 ISSUED |
COUNTER FOIL DATED BY THE BANK SHOWING |
W.P.(C) No. 27176 of 2022
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THE REMITTANCE OF THE AMOUNT OF RS. 70,000/Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 12.08.2022 TO THE BANK SUBMITTED BY THE PETITIONER.
1 issue framed by the court
Whether to permit the petitioner to submit a fresh proposal and make initial remittance under the bank's One-Time Settlement scheme.
Basil Thomas
Canara Bank
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
