2025:KER:27667 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 27748 OF 2021 PETITIONER: KENT CONSTRUCTIONS PVT LTD., REPRESENTED BY THE MANAGING DIRECTOR K.C.RAJU, 63/3441- A166, KENT HAIL GARDEN, STADIUM LINK ROAD, PALARIVATTOM P.O., KOCHI-682 025. BY ADV C.K.SHERIN RESPONDENTS: 1 AXIS BANK REPRESENTED BY ITS MANAGER, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, KOCHI-682 035. 2 ABDUL LATHEEF RAHMATH MANZIL, FLAT NO.6F, PVS NAVARATNA, P.M.KUTTY ROAD, ERANHIPALAM P.O, KOZHIKODE-673 006. BY ADVS. SAJU N.A. G.LEKHA P.J.FLONY UMA.G.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 27748 of 20 21 - 2 - 2025:KER:27667 JUDGMENT Dated this the 1st day of April, 2025 Both sides submit that the matter could be settled by payment of an amount of Rs.400,000/- to the 1st respondent Bank towards full and final settlement of the amount due from the petitioner. 2. The learned Counsel appearing for the respondent Bank submits that there is a procedure contemplated regarding settlement of such disputes, and that the said procedure will take atleast one month’s time. Taking into consideration the above submission made by both sides, I am inclined to dispose of the writ petition as follows:- 1. The petitioner shall deposit with the respondent Bank an amount of Rs.4,00,000/- (Rupees Four Lakh only) in full and final settlement of the amount due to the Bank, within a period of two weeks from today. 2. After completing the procedures, the respondent Bank shall see that the original of all the documents submitted before the DRT in OA No.445/2018 shall be received and returned back to the petitioner. 3. The learned Counsel for the petitioner undertakes that the petition filed for setting aside the order in DRT will not be further prosecuted on receipt of the documents from the 1st WP(C) No. 27748 of 20 21 - 3 - 2025:KER:27667 respondent and necessary application in this regard will be filed before the DRT. Sd/- VIJU ABRAHAM JUDGE sbk/- WP(C) No. 27748 of 20 21 - 4 - 2025:KER:27667 APPENDIX OF WP(C) 27748/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF EMAIL DATED 16.2.2019 FROM THE IST RESPONDENT TO THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF EMAIL DATED 26.2.2019 FROM THE IST RESPONDENT. Exhibit P3 TRUE COPY OF EMAIL SENT BY THE IST RESPONDENT IN JULY 9.7.19. Exhibit P4 TRUE COPY OF EMAIL DATED 8.8.2019 SENT BY THE IST RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF REPLY DATED 9.8.2019 SENT BY THE PETITIONER TO THE IST RESPONDENT. Exhibit P6 TRUE COPY OF REQUEST DATED 7.11.2019 SENT BY THE PETITIONER TO THE IST RESPONDENT. Exhibit P7 TRUE COPY OF LAWYER NOTICE DATED 2.8.2021 ISSUED ON BEHALF OF THE PETITIONER TO THE IST RESPONDENT. Exhibit P8 TRUE COPY OF REPLY DATED 16.8.2021 ISSUED ON BEHALF OF THE IST RESPONDENT. Ext.10 Registered letter issued by the petitioner to the respondent bank dated 07.11.2019. Ext.P9 Registered letter issued by the petitioner to the respondent bank dated 16.08.2019. RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE STATEMENT OF ACCOUNT AS ON 28.01.2022. Exhibit R1(b) TRUE COPY OF THE LETTER DATED 26.02.2019 ISSUED BY THE 1ST RESPONDENT BANK Exhibit R1(c) FINAL ORDER IN OA 445 OF 2018 OF DRT I ERNAKULAM