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S.MANIKUMAR, SHAJI P.CHALY
Kannan T. – Appellant
Versus
Assistant General Manager State Bank of India – Respondent


Counsel for the Parties:
For the Appellant:Shri. Thomas Abraham, Smt. Merciamma Mathew, Sri. Aswin P. John, Sri. R. Ananthapadmanaban and Shri. Thayyib Sha P.S., Advocates
For the State Bank of India: Sri. Jawahar Jose, SC

JUDGMENT

S. Manikumar, CJ.—Impugned judgment in W.P(C). No.164 of 2021, which has summarised the facts, submissions, decisions considered and the directions, is reproduced:

“The petitioner concedes that he has availed of certain large loan facilities from the respondent - State Bank of India (hereinafter referred to as ‘the Bank’ for short) and has approached this Court impugning Ext.P1 notice of sale issued by the said Bank for sale of secured asset.

2. According to the petitioner, he has been always willing and ready to pay off the loan liability, but that on account of the fact that he has been classified incorrectly and illegally as a “willful defaulter”, he has been mulcted with larger penalties and detriment, thus incapacitating him from liquidating the liability. The petitioner, therefore, prays that Ext.P1 be set aside and the Bank be directed to allow him to settle the loan liability under the One Time Settlement Scheme, as is discernible from Ext.P3.

3. In response to the submissions of Shri.I.Dinesh Menon, learned counsel for the petitioner as afore, Shri.Jawahar Jose, learned counsel for the respondents, submitted that the petitioner is not entitled to seek settlement

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