Dismissed

Jose T v. Vs South Indian Bank Ltd., Represented by Its Branch Manager, Pariyaram Branch, Church Ro

Kerala HC11 Jun 2024WP(C)/25073/2022

Case brief

AI extract

What is this about?

A writ petition filed by a guarantor challenging coercive proceedings was disposed of by the court after finding that the borrower had entered into a One Time Settlement with the bank, thereby removing any threat of such proceedings.

What did the court decide?

The writ petition is disposed of in view of the One Time Settlement between the borrower and the bank.

Jose T v Vs South Indian Bank Ltd., Represented by Its… — 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

TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 25073 OF 2022

¶5

PETITIONER:

¶6

JOSE T.V., AGED 70 YEARS, S/O. VARGHESE JOSE, THARAYIL HOUSE, KADUNGODE, PARIYARAM P.O, CHALAKKUDY, THRISSUR, PIN – 680721

¶7

BY ADVS.
V.K.PEERMOHAMED KHAN
GIRISH KUMAR V.C
P.B.KRISHNAN

¶8

RESPONDENTS:

¶9

1 SOUTH INDIAN BANK LTD., REPRESENTED BY ITS BRANCH MANAGER, PARIYARAM BRANCH, CHURCH ROAD JUNCTION, MAIN ROAD PARIYARAM, CHALAKKUDY, THRISSUR-680721

¶10

2 SOUTH INDIAN BANK LTD., REPRESENTED BY ITS CHIEF MANAGER, REGIONAL OFFICE, THRISSUR-680001

¶11

3 THE AUTHORIZED OFFICER, SOUTH INDIAN BANK LTD., SIB HOUSE, TB ROAD, MISSION QUARTERS, THRISSUR-680001

¶12

4 THE RESERVE BANK OF INDIA, REGIONAL OFFICE, KALOOR, ERNAKUALAM-682018

¶13

5 DILLENS T.D, AGED 42 YEARS, S/O. T.P. DAVIS, THATTIL CHEENIKKAL HOUSE, NEAR RC CHURCH, NEDUPUZHA P.O, KOORKANCHERY, THRISSUR-680007

¶14

6 MRS.SEMONA, AGED 38 YEARS, W/O. DILLENS, THATTIL CHEENIKKAL HOUSE, NEAR RC CHURCH, NEDUPUZHA P.O, KOORKANCHERY, THRISSUR-680007

¶15

WP(C) No.25073 of 2022

¶16

¶17

BY ADVS.
K.K.JOHN
ZAKEER HUSSAIN
SUNIL SHANKER
VIDYA GANGADHARAN
FARHA MATHER K.B.
K.A.SANJEETHA

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶19

¶20

WP(C) No.25073 of 2022

¶21

JUDGMENT

¶22

Dated this the 11^th day of June, 2024

¶23

Standing Counsel submits that the borrower has entered

¶24

into a One Time Settlement with the Bank under which the settlement amount is to be cleared by 15.08.2024.

¶25

In view of the One Time Settlement, the petitioner,

¶26

who is the guarantor, is not facing any threat of coercive proceedings now.

¶27

In view of the One Time Settlement entered into

¶28

between the borrower and the Bank on 27.05.2024, this writ petition is disposed of. The petitioner will be at liberty to approach this Court again, if situation so warrants.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.25073 of 2022

¶34

¶35

APPENDIX OF WP(C) 25073/2022

¶36

PETITIONER EXHIBITS

¶37

Exhibit P1TRUE COPY OF THE DEMAND NOTICE DATED
31.05.2021 ISSUED BY THE RESPONDENT
BANK UNDER SEC. 13(2) OF THE SARFAESI
ACT
Exhibit P2TRUE COPY OF THE POSSESSION NOTICE
DATED 02.11.2021 ISSUED BY THE
RESPONDENT BANK UNDER SEC. 13(4) OF
THE SARFAESI ACT
Exhibit P3TRUE COPY OF THE REQUEST SUBMITTED BY
THE 5TH RESPONDENT BEFORE THE
RESPONDENT BANK DATED 13.07.2021
Exhibit P4TRUE COPY OF THE PETITION ALONG WITH
AFFIDAVITS THEREIN FILED BEFORE CJM
COURT THRISSUR UNDER SEC. 14 OF THE
SARFAESI ACT
Exhibit P5TRUE COPY OF THE NOTICE DATED
23.06.2022 ISSUED BY THE ADVOCATE
COMMISSIONER APPOINTED BY THE CJM
COURT THRISSUR UNDER SEC. 14 OF THE
SARFAESI ACT
Exhibit P6TRUE COPY OF THE ORDER IN SA NO.
303/2021 OF THE DRT-II ERNAKULAM DATED
06.07.2022
Exhibit P7TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE HE RESPONDENT
BANK DATED 25.07.2022
Exhibit P8TRUE COPY OF THE BANK PASS BOOK OF THE
PETITIONER REGARDING THE NRE SB
ACCOUNT WITH 1ST RESPONDENT BANK
Exhibit P9TRUE COPIES OF DEPOSIT RECEIPTS ISSUED
BY THE 1ST RESPONDENT BANK IN THE NAME
OF THE PETITIONER ALONG WITH A
SCHEDULE LIST
Exhibit P10TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT BANK ADJUSTING THE
AMOUNTS IN THE SB ACCOUNT DATED

¶38

WP(C) No.25073 of 2022

¶39

¶40

26.07.2022

¶41

Exhibit P11TRUE COPY OF THE PRINT OUT TAKEN OF
THE SMS MESSAGE SEND BY THE RESPONDENT
BANK
Exhibit P12TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE CHALAKUDY
POLICE ALONG WITH RECEIPT
Exhibit P13TRUE COPY OF THE REPLY LETTER ISSUED
BY THE RESPONDENT BANK REJECTING THE
REQUEST FOR RELEASE OF PROPERTY DATED
26.07.2022
Exhibit P14TRUE COPY OF THE LETTER DATED ISSUED
BY THE RESPONDENT BANK ADJUSTING THE
AMOUNTS IN FIXED DEPOSITS DATED
27.07.2022

¶42

RESPONDENT EXHIBITS

¶43

EXHIBIT P-15TRUE COPY OF THE SANCTION ORDER DATED
30.07.2019 BY THE RESPONDENT BANK
EXHIBIT P-16TRUE COPY OF THE SANCTION ORDER DATED
05.09.2019ISSUEDBYTHE1ST
RESPONDENT BANK
EXHIBIT P-17TRUE COPY OF THE NOTICE DATED 14-08-
2023ISSUEDBYTHEADVOCATE
COMMISSIONER

Jose T v. Vs South Indian Bank Ltd., Represented by Its Branch Manager, Pariyaram Branch, Church Ro

Case brief

What is this about?

What did the court decide?

Jose T v. Vs South Indian Bank Ltd., Represented by Its Branch Manager, Pariyaram Branch, Church Ro

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sulfia.S Vs M/S.Indusind Bank Ltd.

Biju Thomas. P Vs 1. the Authorized Officer, Kerala State Co-Operative Bank Ltd.

V.P. Joy Vs the Authorized Officer Under Sarfsi Act

V.S. Timber Industries, Vs the Canara Bank Limited, Having Is Head Office at NO.112

M/S. Lichen Builders and Developers Pvt. Ltd. Vs Indian Bank

Beena Vs Kerala State Co-Operative Bank