Disposed

Mamachan K. C. v. Canara Bank

Kerala HC8 Feb 2024WP(C)/2319/2022

Case brief

AI extract

What is this about?

In WP(C) No. 2319 of 2022, petitioners sought to quash recovery proceedings and compel regularization of their loan under the SARFAESI Act. The court noted a One Time Settlement was in place. The petition was disposed of without granting relief, with an observation that the Bank must act if the petitioners apply for title documents as part of the settlement. Justice N. Nagaresh delivered the judgm

What did the court decide?

Disposed without granting relief; recorded that Bank shall act to release document if application for title is part of One Time Settlement.

Mamachan K. C. Vs Canara Bank — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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THURSDAY, THE 8^TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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WP(C) NO. 2319 OF 2022

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PETITIONERS:

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1 MAMACHAN K. C., AGED 54 YEARS S/O. SRI CHACKO K. C., KUNDAKOTTUKUDIYIL HOUSE, VALLIKATTUPADY, POOTHRIKA P. O., ERNAKULAM DISTRICT, PIN - 682 308.

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2 PAUL K. C. , AGED 50 YEARS S/O. SRI CHACKO K. C., KUNDAKOTTUKUDIYIL HOUSE, VALLIKATTUPADY, POOTHRIKA P. O., ERNAKULAM DISTRICT, PIN - 682 308.

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3 MANJU MAMACHAN AGED 45 YEARS S/O. MAMACHAN K. C., KUNDAKOTTUKUDIYIL HOUSE, VALLIKATTUPADY, POOTHRIKA P. O., ERNAKULAM DISTRICT, PIN - 682 308.

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BY ADV K.NANDINI

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RESPONDENTS:

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1CANARA BANK
KOLENCHERRY BRANCH, NH - 49,
MEDICAL COLLEGE JUNCTION, KOLENCHERRY,
KOLENCHERRY P. O., ERNAKULAM DISTRICT - 682 311,
REPRESENTED BY ITS CHIEF MANAGER.

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2 AUTHORIZED OFFICER CANARA BANK, KOLENCHERRY BRANCH, NH- 49, MEDICAL COLLEGE JUNCTION, KOLENCHERRY - 682 311.

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3CANARA BANK
REGIONAL OFFICE, ERNAKULAM II, 3RD FLOOR,
METRO STATION COMPLEX, M. G. ROAD,
ERNAKULAM, PIN - 682 035.

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WP(C) No.2319 of 2022

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4ADVOCAGTE SHRI SONY P. J.
ADVOCATE COMMISSIONER, ERNAKULAM BAR
ASSOCIATION, PADAMATTUMMEL HOUSE,
JAWAHAR NAGAR, KADAVANTHRA P. O.,
KOCHI, PIN - 682 020.

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SRI.M. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.2319 of 2022

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JUDGMENT

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Dated this the 8^th day of February, 2024

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The petitioners have approached this Court seeking the

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following reliefs:

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(i) To call for records which led to the issuance of Ext.P1 and subsequent proceedings and to issue a writ of certiorari or any other appropriate writ, order or direction quashing the same.

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(ii) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding and compelling the respondents not to initiate recovery proceedings against the petitioners and their assets under the SARFAESI Act.

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(iii) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioners to regularize the loan accounts and allow the petitioners to repay instalments or permit the petitioners to remit remaining balance of the overdue portion in 101 instalments making the account regular. (iv) Such other reliefs this Hon’ble Court may deem fit and proper to grant in the facts and circumstances of the case.

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2. When the writ petition came up for hearing today,

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Standing Counsel representing the Bank submitted that the petitioners have entered into a One Time Settlement with the

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WP(C) No.2319 of 2022

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Bank and the petitioners have time upto 31.03.2024 for settling the loan account. Therefore, this writ petition need not be kept pending.

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Counsel for the petitioners submits that as per the terms of One Time Settlement, on payment of certain amounts, the Bank has to release document in respect of one property having an extent of 38 Ares.

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Taking into consideration the afore facts, the writ petition is disposed of without granting any relief to the petitioners, but recording the One Time Settlement. If the petitioners submit an application to the Bank for obtaining Title Document in respect of the property having an extent of 38 Ares, then if the said arrangement is part of the One Time Settlement, the Bank shall act accordingly.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.2319 of 2022

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APPENDIX OF WP(C) 2319/2022

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PETITIONER EXHIBITS

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Exhibit P1THE TRUE COPY OF THE NOTICE DATED
08.01.2022.
Exhibit P2THE REQUEST GIVEN TO THE 1ST AND 4TH
RESPONDENTS BY PETITIONERS DATED
18.01.2022 PURSUANT TO THE EXHIBIT P1.
Exhibit P3JUDGMENT IN WPC NO.27575 OF 2021 DATED
21.12.2021.
Exhibit P4TRUE COPY OF THE RECEIPT DATED
14.2.2022 FROM THE RESPONDENT
Exhibit P5TRUE COPY OF THE ADVERTISEMENT FOR E-
AUCTION PUBLISHED IN NEW INDIAN
EXPRESS ONLINE PAPER, DATED 23/2/2023
Exhibit P6TRUE COPY OF THE COMMUNICATION FROM
THE 1ST PETITIONER TO THE 1ST
RESPONDENT, DATED 11/4/2023
Exhibit P7TRUE COPY OF THE RECEIPT FROM ESAF
SMALL FINANCE BANK DATED 13/3/2023 AS
PAYMENT OF RS.15 LAKH TO 1ST
RESPONDENT
Exhibit P8TRUE COPY OF THE SALE NOTICE DTD.
2/8/23 BY THE 2ND RESPONDENT
Exhibit P9TRUE COPY OF THE REPRESENTATION FROM
THE PETITIONER TO THE 3RD RESPONDENT
AND COPY TO OTHER RESPONDENT, DATED
17/8/2023
Exhibit P10TRUE COPY OF THE COMMUNICATION FROM
THE RESPONDENT BANK TO THE PETITIONER
DATED 27/9/2003 IN CONNECTION WITH THE
ONE TIME SETTLEMENT
Exhibit P11TRUE COPY OF THE COMMUNICATION FROM
THE SENIOR MANAGER OF RESPONDENT BANK
TO THE SUB REGISTRAR PUTHENCRUZ DATED
6/12/2023

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WP(C) No.2319 of 2022

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Exhibit P12

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TRUE COPY OF THE REPRESENTATION DATED
31/12/2023 FROM PETITIONER TO THE
SENIOR BRANCH MANAGER, CANARA BANK,
KOLENCHERRY

Mamachan K. C. v. Canara Bank

Case brief

What is this about?

What did the court decide?

Mamachan K. C. v. Canara Bank

Case brief

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