The High Court of Kerala directed the petitioner to submit a reasonable One Time Settlement proposal to the respondent bank within two weeks to facilitate debt recovery resolution.
Petitioner directed to approach bank with reasonable OTS proposal; coercive steps stayed for one month for this purpose.
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 T.R.RAVI
MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
OP (DRT) NO. 29 OF 2023
AGAINST THE ORDER IN IA NO.1020/2022, IA NO.2965/2022 AND IA NO.3088/2022 IN
SA NO.277/2022 OF DEBT RECOVERY TRIBUNAL-1, ERNAKULAM DATED 16.01.2023
PETITIONER/PETITIONER NO.3/APPLICANT NO.3:
1MATHAI T V.,
AGED 77 YEARS
S/O. VARGHESE,
ARACKAPDIYIL (H), ARACKAPDI,
VENGOLA P.O.,PERUMBAVOOR,
ERNAKULAM DISTRICT, KERALA, PIN CODE- 683 556,
BY ADV PAUL K.VARGHESE
RESPONDENTS/RESPONDENTS/DEFENDANTS NO.1 TO 3/RESPONDENTS NO.1 AND 2:
1SOUTH INDIAN BANK LTD.,
SIB BUILDING,INFO PARK ROAD RAJAGIRI VALLEY P.O.,
KAKKANADU, KOCHI- 682039
REPRESENTED BY ITS AUTHORIZED OFFICER.
2SOUTH INDIAN BANK LTD.,
PATTIMATTOM BRANCH, PR ROAD,
PATTIMATTOM P.O., ERNAKULAM DISTRICT, PIN-683 565. REPRESENTED
BY ITS BRANCH MANGER.
3THE MANAGER,
SOUTH INDIAN BANK, PATTIMATTOM BRANCH,
PR ROAD,PATTIMATTOM P.O.,
ERNAKULAM DISTRICT, PIN-683 565
4ANOOP MATHEW,
S/O. MATHAI T.V.,
AGED 44 YEARS, A
IKKARAKUDI, ARACKAPDIYIL (H),
VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT,
KERALA, PIN CODE- 683 556,
5SUMI ANOOP,
W/O ANOOP MATHEW,
AGED 35 YEARS,
ARACKAPDIYIL (H), ARACKAPDI,
VENGOLA P.O., PERUMBAVOOR,
ERNAKULAM DISTRICT, KERALA, PIN CODE- 683 556,
BY ADV P.A.AUGUSTINE(AREEKATTEL)
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
10.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(DRT) No.29 of 2023
2
T.R. RAVI, J.
------------------------------------
OP (DRT) No.29 of 2023
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Dated this the 10th day of April, 2023
JUDGMENT
When the case is taken up today, it is submitted by the counsel for the respondent that if the petitioner approached with a reasonable proposal for One Time Settlement, the same can be considered.
The original petition is disposed of directing the petitioner to approach the bank with a reasonable proposal within two weeks from today. On receipt of such proposal, the bank shall consider the same and inform the petitioner about their decision within one week therefrom. The coercive steps shall stand stayed for a period of one month to facilitate the petitioner to approach the bank.
Sd/-
T.R.RAVI
JUDGE
SKP/10-04
OP(DRT) No.29 of 2023
3
PETITIONER’S EXHIBITS: |
APPENDIX OF OP (DRT) 29/2023 |
|---|---|
EXHIBIT P1 |
A TRUE COPY OF THE RELEVANT PAGES OF S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 1.6.2022 |
EXHIBIT P2 |
A TRUE COPY OF THE CERTIFICATE ISSUED BY THEAGRICULTURAL OFFICER, KRISHIBHAVAN VENGOLA DATED28.5.2022 |
EXHIBIT P3 |
TRUE COPY OF I.A. NO. 1020/2022 IN S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 1.6.2022 |
EXHIBIT P4 |
A TRUE COPY OF THE COMMISSION APPLICATION AS I.A.NO. 3088/2022 IN S.A. NO. 277/2022 ON THE FILE OFDEBT RECOVERY TRIBUNAL-1, ERNAKULAM DATED13.12.2022 |
EXHIBIT P5 |
A TRUE COPY OF THE I.A. NO. 2965/2022 IN S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 5.12.2022 |
EXHIBIT P6 |
A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THERESPONDENTS IN I.A. NO. 1020/2022 IN S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 5.1.2023 |
EXHIBIT P7 |
A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THERESPONDENTS IN I.A. NO. 2965/2022 IN S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 5.1.2023 |
EXHIBIT P8 |
P7. A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BYTHE RESPONDENTS IN I.A. NO. 3088/2022 IN S.A. NO.277/2022 ON THE FILE OF DEBT RECOVERY TRIBUNAL-1,ERNAKULAM DATED 5.1.2023 |
EXHIBIT P9 |
A TRUE COPY OF THE DECISION OF THIS HON'BLE COURTREPORTED IN 1996 KHC 234 |
EXHIBIT P10 |
A TRUE COPY OF THE ORDER IN I.A. NO. 1020/2022 INS.A. NO. 277/2022 ON THE FILE OF DEBT RECOVERYTRIBUNAL-1, ERNAKULAM DATED 16/01/2023 |
EXHIBIT P11 |
A TRUE COPY OF THE ORDER IN I.A. NO. 2965/2022 INS.A. NO. 277/2022 ON THE FILE OF DEBT RECOVERYTRIBUNAL-1, ERNAKULAM DATED 16.1.2023 |
EXHIBIT P12 |
A TRUE COPY OF THE ORDER IN I.A. NO. 3088/2022 INS.A. NO. 277/2022 ON THE FILE OF DEBT RECOVERYTRIBUNAL-1, ERNAKULAM DATED 16.1.2023 |
RESPONDENTS’ EXHIBITS: |
|
EXHIBIT R1(A) |
TRUE COPY OF EXPERT VALUATION REPORT DATED 17-06-2022. |
EXHIBIT R1(B) |
COPY OF VALUATION REPORT BY EXPERT VALUER. |
TRUE COPY
P.A. TO JUDGE
MATHEW T.V.
SOUTH INDIAN BANK LTD.
ANOOP MATHEW
SUMI ANOOP
T.R. RAVI
As recorded by the court registry
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