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2022 Supreme(Online)(KER) 33324

HIGH COURT OF KERALA
GOPINATH P, J
K.P.UMASANKAR – Appellant
Versus
THE PUNJAB NATIONAL BANK – Respondent


Advocates:
For the Appellants/Petitioners: S.M.PRASANTH, P.VISWANATHAN
For the Respondents: R.S.KALKURA, M.S.KALESH

Table of Content
1. petition relates to loan settlement and its complexities post-borrower's death. (Para 1 , 2 , 3)
2. legal arguments regarding extension of one time settlement payments. (Para 4 , 5 , 6)
3. court discusses the legal precedents affecting jurisdiction under article 226. (Para 7 , 8)

JUDGMENT

The petitioner is a guarantor in respect of a loan availed by a proprietary concern named 'PBT Spices' of which one Thankappan was the proprietor. The aforesaid proprietary concern had availed a loan of Rs.11,70,000/- from the respondent bank in the year 2006. The said loan became a Non Performing Asset, leading to initiation of proceedings by the bank under the SARFAESI Act. Those proceedings were challenged by the petitioner before the Debts Recovery Tribunal through S.A. No.799/2010 which is still pending consideration of the Tribunal. The bank, thereafter, filed O.A. No.292/2012, for recovery of a sum of Rs.18,32,308/- along with future interest and costs from the aforesaid proprietary concern. The said O.A. is also pending consideration before the Tribunal.

2. While matters stood thus, at the instance of the petitioner, the respondent bank granted an offer for One Time Settlemen

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