Dismissed

R Sunil Kumar, v. Dbs Bank Ltd.

Kerala HC7 Feb 2024WP(C)/23876/2023

Case brief

AI extract

What is this about?

A borrower sought to have coercive recovery proceedings kept in abeyance and to repay overdue amounts in instalments or by one-time settlement. Having failed to honour an earlier undertaking to pay ₹50 lakhs, and with over ₹1.56 crore outstanding, the court granted only liberty to approach the bank for a settlement and dismissed the writ petition.

What did the court decide?

Liberty granted to the petitioner to approach the bank for an arrangement or One Time Settlement; writ petition dismissed.

R Sunil Kumar, Vs Dbs Bank Ltd. — Banking and Recovery | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945

¶5

WP(C) NO. 23876 OF 2023

¶6

PETITIONER:

¶7

R SUNIL KUMAR,
AGED 48 YEARS
S/O RAJAN MENON, RESIDING AT 6-1938,
LALAN ROAD, MATTANCHERRY P.O,
ERNAKULAM DISTRICT, PIN – 682002
BY ADV P.T.SHEEJISH

¶8

RESPONDENT/:

¶9

1DBS BANK LTD.,
(FORMERLY KNOWN AS LAKSHMI VILAS BANK LIMITED),
REPRESENTED BY ITS BRANCH MANAGER,
ERNAKULAM BRANCH, XXXIX 818, CHITTOOR ROAD - KARTHIKA,
FIRST FLOOR, ERNAKULAM DISTRICT,
PIN - 682016

¶10

2ADDL.R2:
RELIANCE ASSETS RECONSTRUCTION COMPANY LTD.,
REPRESENTED HEREIN BY THE AUTHORIZED OFFICER,
REGD. OFFICE AT11'H FLOOR, NORTH SIDE R-TECH PARK,
WESTERN EXPRESS HIGHWAY, GOREGON (EAST),
MUMBAI, PIN - 400 063.

¶11

( IS IMPLEADED AS PER ORDER DATED 27.10.2023 IN IA 1/2023
OF WP(C))

¶12

BY ADVS.
R.S.KALKURA
No Advocate
M.S.KALESH

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO.23876 OF 2023
 2

¶15

JUDGMENT

¶16

Dated this the 7^th day of February, 2024

¶17

The writ petition has been filed by the petitioner seeking to direct the respondent to keep coercive proceedings pursuant to Ext.P2, against the petitioner in abeyance and to permit the petitioner to pay the overdue amount in 25 monthly instalments or by way of One Time Settlement Scheme, without hampering the family life of the petitioner, after regularising the loan account.

¶18

When this writ petition came up for admission on 05.12.2023, the petitioner undertook to pay an amount of ₹50 lakhs by 31.12.2023. However, the amount has not been paid so far. The petitioner seeks further time to deposit the said amount.

¶19

As the outstanding amount payable to the Bank is more than 1,56,00,000/-, I am of the view that the petitioner₹

¶20

WP(C) NO.23876 OF 2023

¶21

¶22

can now approach the Bank for any arrangement or One

¶23

Time Settlement in the matter.

¶24

Granting such liberty to the petitioner, the writ petition is

dismissed.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.23876 OF 2023
 4

¶31

APPENDIX OF WP(C) 23876/2023

¶32

PETITIONER EXHIBITS

¶33

Exhibit P1TRUE COPY OF THE APPLICATION FOR
ASSISTANCE FILED BY THE RESPONDENT IN
MC 131/2019 DATED 25/1/2019 BEFORE THE
HON'BLE CHIEF JUDICIAL MAGISTRATE
COURT AT ERNAKULAM

¶34

Exhibit P2TRUE COPY OF THE NOTICE DATED
04.07.2023 ISSUED BY THE ADVOCATE
COMMISSIONER
Exhibit P3TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO. 9602 OF 2017
DATED 9/6/2017

¶35

RESPONDENT EXHIBITS

¶36

EXHIBIT R2(A)TRUE COPY OF THE JUDGMENT IN WP (C)
NO. 9602 OF 2017 DATED 09.06.2017
EXHIBIT R2(B)TRUE COPY OF THE JUDGMENT IN WP (C)
NO. 33693 OF 2019 DATED 19.02.2020
EXHIBIT R2(C)TRUE COPY OF THE JUDGMENT IN WP 17506
OF 2022 DATED 21.12.2022
EXHIBIT R2(D)TRUE COPY OF THE JUDGMENT IN WP 40878
OF 2022 DATED 15.12.2022
EXHIBIT R2(E)TRUE COPY OF THE JUDGMENT IN WP NO. 93
OF 2023 DATED 05.01.2023
EXHIBIT R2(F)TRUE COPY OF THE RECOVERY CERTIFICATE
ISSUED IN OA 16 OF 2017
EXHIBIT R2(G)TRUE COPY OF THE FINAL ORDER DATED
26.02.2021 IN OA 16 OF 2017 PASSED BY
THE HON'BLE DRT-1

R Sunil Kumar, v. Dbs Bank Ltd.

Case brief

What is this about?

What did the court decide?

R Sunil Kumar, v. Dbs Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Riad Shah N.S. Vs State Bank of India SBI

Janardhanan Vs District Collector

Dinesan Vs Kerala State Co-Operative Bank

Roy Ks Vs the Kerala State Co-Operative Bank Ltd., (Kerala Bank)

K.T.Thomas Vs the Regional Transport Authority

Wilsy K, Vs State of Kerala