IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33295 of 2007(L)
1. S.SAJILAL, ANANDABHAVAN,
... Petitioner
Vs
1. CANARA BANK, CIRCLE OFFICE,
... Respondent
2. AUTHORIZED OFFICER, CANARA BANK,
For Petitioner :SRI.P.V.LOHITHAKSHAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/11/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C)NO. 33295 OF 2007 L
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Dated this the 19th day of November, 2007
J U D G M E N T
Writ petitioner is a compulsorily retired employee of the
respondent Bank. During his service, he had incurred certain
liabilities and on the default in repayment resulted in proceedings
under the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 and that is
sought to be challenged in this writ petition.
2. At the time when the writ petition came up initially for
orders, it was submitted on behalf of the writ petitioner that
although he had challenged his dismissal, which was later on
converted into compulsory retirement by filing writ petition in this
court as WP(C) No.33854/06, without prejudice to his
contentions, he is agreeable to the bank adjusting the amounts
that are due to him. In view of the submission so made, the case
was adjourned for enabling the standing counsel to the Bank to
get instructions in the matter and that is how the case came up
again today.
WPC No.33295/07
: 2 :
2. Today, the standing counsel for the Bank submits that
credit has been given to payments already made. It is pointed
out that towards his Provident Fund, the amount due is
Rs.44,962.99/- and that his total liability to the Bank is around
Rs.6.5 lakhs. Counsel for the petitioner submits that without
prejudice to his contentions in the other writ petition, he is
agreeable for the bank to adjust the Provident Fund dues as well
and he pleads that he may be given a breathing time to raise
funds to liquidate the balance liability.
3. After hearing both sides, in view of the submissions
that are made as above, I dispose of this writ petition with the
following directions;
(i) That without prejudice to the contentions raised by the
petitioner in WP(C) No.33854/06, the Bank will be free to
appropriate the PF dues of the petitioner towards his liability in
the housing loan.
(ii) The Bank will also be entitled to make similar
appropriation, if any other amount is also due to the petitioner’s
credit.
WPC No.33295/07
: 3 :
(iii) The proceedings initiated against the petitioner will be
deferred till 15th February, 2008 in order to enable the petitioner
to raise funds for liquidating the liability that is outstanding in his
housing loan account.
(iv) If the petitioner is not in a position to liquidate the
liability within the time as permitted above, it will be open to the
Bank to continue action that it has initiated.
(v) In the meantime, if there is any one time settlement
or other beneficiary scheme in vogue, it will be open to the
petitioner to apply for the benefit of the same.
ANTONY DOMINIC, JUDGE
Rp