Base Paul, vs General Manager, Reserve Bank of India,

Type Court Judgment Court Kerala Decided Sep 28, 2021

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Citation: sooperkanoon.com/1656990
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Sep 28, 2021
Case Number: WP(C)/14914/2021

Parties & Advocates

Appellant / Petitioner

Base Paul,

Respondent

General Manager, Reserve Bank of India,

Excerpt

.....(civil) having come up for admission on 28.09.2021, the court on the same day delivered the following:bechu kurian thomas, j.w.p.(c).no.14914 of 2021 dated this the 28th day of september, 2021judgmentpetitioner sought to file the writ petition seeking the benefit of one time settlement offered to the petitioner as per ext.p1 and to settle the loan by accepting the entire amount due from the petitioner. on 28.07.2021, this court permitted the petitioner to deposit the demand draft drawn in favour of the 3 rd respondent as an interim measure. the deposit of the amount was made subject to the result of the writ petition.2. it is submitted by the learned counsel for the petitioner and endorsed by the learned counsel for the respondent that petitioner had deposited the entire amounts due to the bank withinthe time stipulated in ext.p1 one time settlement letter. since the entire amounts have been received by the bank within the time scheduled in ext.p1, it is only essential in the interest of justice to declare that the loan account of the petitioner stands settled in terms of ext.p1. in view of the above, no further orders need be passed except to record that the entire arrears due to the respondent bank has been cleared by the petitioner as stipulated in ext.p1.the writ petition is disposed of as above. sd/- bechu kurian thomas, judge rkm appendix of wp(c) 14914/2021 petitioner's exhibits : exhibit p1 the true copy of the sanction letter with regard to the one time settlement dated 27.11.2020 issued by the 3rd respondent to the petitioner, exhibit p2 a true copy of the application filed by the petitioner before the 2nd respondent dated 22.07.2021. exhibit p3 the true copy of the demand draft no 500056 dated 27.7.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943 PETITIONER : BASE PAUL, AGED 40 YEARS PUTHUSSERY PLY & BOARDS, PUTHUSSERY HOUSE, VAIKARA P.O., RAYAMANGALAM, KUNNATHUNADU THALUK, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV BINU PAUL RESPONDENTS : 1 GENERAL MANAGER, RESERVE BANK OF INDIA, BANERJI ROAD, ERNAKULAM NORTH, KOCHI-682 018. 2 THE CHIEF MANAGER, STATE BANK OF INDIA, STRESSED ASSETS RESOLUTION CENTRE, 7TH FLOOR, VANKARATH TOWER, PALARIVATTOM, ERNAKULAM, PIN-682 025. 3 THE MANAGER, STATE BANK OF INDIA, PERUMBAVOOR TOWN BRANCH, PERUMBAVOOR, PIN-683 542. BY ADV.JITHESH MENON, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
W.P.(C).No.14914 of 2021 Dated this the 28th day of September, 2021

JUDGMENT

Petitioner sought to file the writ petition seeking the benefit of one time settlement offered to the petitioner as per Ext.P1 and to settle the loan by accepting the entire amount due from the petitioner. On 28.07.2021, this Court permitted the petitioner to deposit the demand draft drawn in favour of the 3 rd respondent as an interim measure. The deposit of the amount was made subject to the result of the writ petition.

2. It is submitted by the learned counsel for the petitioner and endorsed by the learned counsel for the respondent that petitioner had deposited the entire amounts due to the Bank within

the time stipulated in Ext.P1 one time settlement letter. Since the entire amounts have been received by the Bank within the time scheduled in Ext.P1, it is only essential in the interest of justice to declare that the loan account of the petitioner stands settled in terms of Ext.P1. In view of the above, no further orders need be passed except to record that the entire arrears due to the respondent bank has been cleared by the petitioner as stipulated in Ext.P1.

The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 14914/2021 PETITIONER'S EXHIBITS : Exhibit P1 THE TRUE COPY OF THE SANCTION LETTER WITH REGARD TO THE ONE TIME SETTLEMENT DATED 27.11.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER, Exhibit P2 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.07.2021. Exhibit P3 THE TRUE COPY OF THE DEMAND DRAFT NO 500056 DATED 27.7.2021

Same Court & Year Kerala · 2021 Same Parties Base Paul, vs General Manager, Reserve Bank of India, Same Judge Honourable Mr. Justice Bechu Kurian Thomas