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2024 Supreme(Online)(KER) 29898
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946 WP(C) NO.15573 OF 2024 PETITIONER :-
P.D MATHEW, AGED 78 YEARS S/O .LATE DEVASIA, RESIDING AT PULLAT HOUSE KANAKKARY P.O., KOTTAYAM, PIN - 686 632 BY ADVS.
L.RAM MOHAN M.AUBREY ABRAHAM ISAAC RESPONDENT :-
UNION BANK OF INDIA, REGIONAL OFFICE, KOTTAYAM, III FLOOR, AMALA TOWERS, ADICHIRA JUNCTION, KOTTAYAM, PIN - 686 016 REPRESENTED ITS MANAGER BY SRI.A S P KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 16 th day of April , 2024 The above writ petition is filed with the following prayers :-
“(i) Call for the records relating to the issuance of Exhibits P3 and P6 and issue a writ of certiorari or any othe appropriate writ, order or direction quashing of Exhibits P3 and P6.
(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to permit the petitioner to make the payments as per Exhibit P4 approval.
(iii) Grant such other reliefs which deems fit and proper in the interest of justice.
(iv) Production of English translation of vernacular documents may be dispensed with.”
2. The petitioner is a guarantor for six loans availed by his late son Sabu Mathew. It is submitted that due to the pandemic and other issues, the business was collapsed and the repayment was defaulted. Thereafter, the petitioner applied for an OTS facility before the respondent Bank and as per Ext.P4, the application was allowed and OTS facility was granted to the petitoner. On the basis of Ext.P4, the petitioner had paid Rs.16,25,000/- on 05.03.2024. The second payment was to be made in the month of March as per the OTS facility granted. On 27.03.2024, before the date for second payment, the respondent issued Ext.P6 auction notice to the petitioner. On receipt of Ext.P6 auction notice, the petitioner was confused and shocked and there was some delay in making the payment and subsequently on 05.04.2024, an amount of Rs.5,00,000/- was also remitted by the petitioner. All payments are admitted by the respondent Bank. Now, the petitioner submits that he is ready and willing to pay the amount as per Ext.P4 OTS facility granted by the respondent Bank.
3. The learned Standing Counsel for the Bank submits that the Bank is ready and willing to accept the balance payments as per the OTS facility granted to the petitioner.
4. In the above circumstances and on a consideration of the entire issue, I am of the opinion that the writ petition can be disposed of directing the petitioner to pay the amount as per Ext.P4 OTS facility granted by the respondent Bank. The respondent shall not take any coercive steps pursuant to Exts.P3 and P6. It is made clear that if any instalment is defaulted by the petitioner, the respondent is free to initiate proceedings in accordance with law.
Accordingly, the writ petition is disposed of.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
APPENDIX OF WP(C) 15573/2024 PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 19/5/22 Exhibit P2 TRUE COPY OF THE OTS REQUEST APPLICATION DATED
21/02/24 Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED
24//2/24 Exhibit P4 TRUE COPY OF THE APPROVAL LETTER DATED 1/3/24 Exhibit P5 TRUE COPY OF THE RECEIPT DATED 5/3/24 OF RTGS TRANSFER OF MONEY Exhibit P6 TRUE COPY OF THE AUCTION NOTICE DATED 21/3/24 Exhibit P7 TRUE COPY OF THE RECEIPT DATED 5/4/24 OF RTGS TRANSFER OF RS.5,000,00
