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High CourtsDivision Bench(2023) 10 KL CK 0083

Mohammed Hussain vs State Bank Of India

High Court Of Kerala · Decided on 16 October 2023

HON’BLE JUDGES
A.J. Desai, CJ · V.G. Arun, J
RESULT
Disposed Of
CASE NUMBER
Writ Appeal No. 1683 Of 2023
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Judgment

4 paragraphs · 168 words

A.J.Desai, C.J

1.

By way of the present appeal filed under Section 5 of the Kerala High Court Act, the original petitioner has challenged the judgment dated 18.08.2023, passed by the learned Single Judge, in the caption W.P.(C)No.24083/2023, by which, the reliefs sought for by the petitioner to extend the time to pay the installment, is refused.

2.

Having heard the learned Advocates appearing for respective parties and having gone through the impugned judgment, it is clear that the bank had agreed to the offer for payment under the One Time Settlement Scheme. Even as per the One Time Settlement Scheme, the appellant did not pay the amount. Hence, the learned Single Judge rightly dismissed the petition in view of the decision of the Hon’ble Apex Court in State Bank of India v. Arvindra Electronics Private Ltd [2022 KHC 7165].

The writ appeal is disposed of accordingly. However it is open for the bank to consider the request made by the appellant for One Time Settlement Scheme, afresh.