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High Court of KeralaWP(C)/24399/2015disposed of

K.K. Soman v. The Authorised Officer

2015-08-11Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24399 of 2015 (Y) ---------------------------- PETITIONER :

--------------------- K.K. SOMAN AGED 56, S/O. KOCHUKUTTAN, M/S. SOPANAM METAL BOX, 56B4 INDUSTRIAL DEVELOPMENT PLOT, PERINGANDOOR, THRISSUR.

BY ADVS.SRI.PRAVEEN K. JOY SRI.NIXON PAUL RESPONDENT(S) :

----------------------------

1. THE AUTHORISED OFFICER CANARA BANK, ATHANI SME BRANCH, INDRAPURI COMPLEX ATHANI, THRISSUR DISTRICT-680581.

2. THE CHIEF MANAGER CANARA BANK, THRISSUR DISTRICT-680581.

3. BRANCH MANAGER CANARA BANK, ATHANI BRANCH, THRISSUR-680581.

R1 TO R3 BY ADV. SRI.PAULY MATHEW MURICKEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 24399 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1:

THE TRUE PHOTOCOPY OF THE NOTICE DATED 21.7.2015 FROM THE RESPONDENT BANK.

EXHIBIT P2:

THE TRUE PHOTOCOPY OF THE PROPOSAL DATED 25.7.2015. EXHIBIT P3:

THE TRUE PHOTOCOPY OF LETTER DATED 28.7.2015 FROM RESPONDENT BANK.

EXHIBIT P4:

THE TRUE PHOTOCOPY OF THE FURTHER PROPOSAL DATED 3.8.15. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 24399 of 2015 ------------------------------------------- Dated this the 11th day of August, 2015

J U D G M E N T

The petitioner availed a loan from the respondent Bank. Petitioner also made a proposal for One Time Settlement as per Ext.P1 and seeks consideration of the same.

2.

Learned standing counsel points out that the petitioner wants to settle the account in the name of one Sri.Deepesh and the said proposal cannot be accepted.

3.

This Court is of the view that, ignoring the suggestion made by the petitioner, the Bank shall consider the proposal made by the petitioner, on deposit of a sum of 75,000/- in the ₹ loan account of the petitioner. If the petitioner deposits 75,000/- ₹ within two weeks from the date of receipt of a copy of this judgment, the proposal shall be considered within a further period of two weeks and convey to the petitioner. Revenue recovery proceedings shall be deferred till such time. However, if the petitioner fails to deposit 75,000/- as above, the Bank is free to ₹ proceed against the petitioner.

This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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