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Suresh.M vs State Bank

High Court Of Kerala|17 November, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers:
“(i) call for the records leading to the Reveneu Recovery Proceedings under Exhibit P-1 Demand Notice and issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, to quash Exhibit P-1 Demand Notice in RR/2013/3953/10.
(ii) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to defer the entire recovery proceedings against the petitioner in pursuance of Exhibit P-1 Demand Notice for a period of months so as to enable the petitioner to find out a prospective buyer for sale of 8 cents of land out of 18 cents of his house compound, for paying off the debt due to the 1st respondent under One Time Settlement Scheme.
and
(iii) to issue such other directions or orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.”
2. When the matter came up for consideration on 07.10.2014, the following interim order was passed:
“The learned counsel for the petitioner submits that he is unable to pay the amount as noted in Ext.P1. He has about 20 cents of property and he could pay of the liability by selling at least 10 cents and the remaining property can be saved. Petitioner is granted one month time to produce an agreement for private sale of the aforesaid property.
The learned Standing Counsel takes notice on 1st respondent, and the learned Government Pleader takes W.P.(C) No.25677 of 2014 2 notice on the 2nd respondent.
Post after a month.
In the meantime, further proceedings pursuant to Ext.P1 shall be kept in abeyance.”
The said interim order was extended further on 07.11.2014. Today, when the matter is taken up for consideration, the learned counsel for the petitioner submits that, the Zonal Officer of the respondent Bank has already taken a decision to have the matter settled for a total sum of Rs.5.50,000/- (Rupees Five lakhs fifty four thousand only). In terms of the settlement, the petitioner satisfies a sum of Rupees Five lakhs on 15.11.2014 and the balance amount Rupees Fifty thousand is to be paid on or before 30.11.2014. The learned counsel appearing for the Bank also confirms the position as above.
In the said circumstances, no further orders are necessary. The submission made across the Bar is recorded. The matter is closed accordingly.
P.R. RAMACHANDRA MENON, JUDGE sp
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Title

Suresh.M vs State Bank

Court

High Court Of Kerala

JudgmentDate
17 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri
  • K K Mohamed Ravuf