2025:KER:27993 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 RP NO. 416 OF 2024 AGAINST THE JUDGMENT IN WP(C) NO.716 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONERS/PETITIONERS: 1 ABDUL RAHMAN MOHAMMED YAQOOB AGED 51 YEARS PROPRIETOR, M/S. KOHINOOR STYLE, PALACE ROAD, CHANGANASSERRY, KOTTAYAM, PIN - 686101 2 MUNEERA MUHAMMED YAQOOB AGED 69 YEARS, W/O. MUHAMMED YACOB, AKKARAKADUPIL HOUSE, THOTTACKADU P.O, CHANGANASSERRY, KOTTAYAM, PIN - 686539 BY ADVS. T.M.ABDUL LATHEEF VAISHNAV DEV - K/1081/2023 RESPONDENTS/ RESPONDENTS : 1 STATE BANK OF INDIA REPRESENTED BY THE AUTHORIZED OFFICER, STRESSED ASSETS RECOVERY BRANCH, 7TH FLOOR,VANKARATH TOWERS, PALARIVATTOM BY-PASS JUNCTION, ERNAKULAM, PIN - 682024 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 2 2 THE MANAGER STATE BANK OF INDIA, CHANGANASSERY BRANCH, KOTTAYAM, PIN - 686101 BY ADV S.LAKSHMY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 3 ORDER Dated this the 2nd day of April, 2025 The petitioners approached this Court when the respondent-Bank initiated proceedings for recovery of debt amount, invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. In W.P.(C) No.716/2024, the petitioners sought to settle the loan liability by giving sufficient time of more than one year to pay the amount and also to give the liability under One Time Settlement Scheme benefits by reducing the interest claim and by renewing the loan on such terms as sanctioned by the Bank not to effect sale. 3. Standing Counsel for the Bank at that time submitted that the outstanding amount payable by the 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 4 petitioners as on 28.02.2024 is 41,59,889/-. Taking into ₹ consideration the fact that the petitioners had paid 20 lakhs ₹ during the pendency of the writ petition pursuant to the interim orders of this Court, the writ petition was disposed of on 01.03.2024 permitting the petitioners to clear the entire outstanding amount in four equal monthly instalments along with accruing interest and other Bank charges, if any. The first of the instalment amounting to 25% of the outstanding, was directed to be paid on or before 27.03.2024. 4. The petitioners are before this Court seeking to review the judgment dated 01.03.2024, alleging errors apparent on the face of the records of the case. The petitioners would contend that the amount of 41,59,889/- as ₹ indicated in paragraph 4 of the judgment is an error. That much amount is not outstanding from the part of the petitioners. 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 5 5. The petitioners would further point out that the respondents have been levying interest at different rates at different points of time. The petitioners are not liable to pay the interest as claimed by the respondent-Bank. 6. Counsel for the petitioners would further urge that the amount of 20 lakhs paid by the petitioners was ₹ credited to the interest account which was opened by the Bank subsequent to the declaration of the loan account as NPA. This is impermissible. Had the respondents credited the amount paid by the petitioners to the principal outstanding, the petitioners will not be liable to pay any further amount to the Bank. The judgment dated 01.03.2024 in W.P.(C) No.716/2024 is therefore liable to be reviewed, urged the petitioners. 7. I have heard the learned counsel for the petitioners and the learned Standing Counsel representing the 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 6 respondents. 8. W.P.(C) No.716/2024 was disposed of on 01.03.2024. The Standing Counsel submitted that the outstanding amount payable by the petitioners as on 28.02.2024 is ₹41,59,889/-. The petitioners were granted four months’ time to clear the dues. The petitioners have approached this Court after the stipulated four months. The contention of the petitioners is that the amount shown in the judgment is not correct. The direction in the judgment was to repay the amount in four months. 9. If the petitioners are disputing the outstanding amount, the petitioners cannot seek adjudication of that dispute in a writ petition filed under Article 226 of the Constitution of India. If the petitioners have any dispute regarding the amount due to the Bank, the petitioners will have to approach the appropriate Court / Forum for 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 7 adjudication of the matter. On that ground, I am of the view that the judgment does not require a review. 10. However, it is made clear that if the petitioners have any grievance regarding the actual amounts payable to the Bank, the petitioners will be at liberty to take up the matter before any appropriate Court / Forum, in which case, the issue should be adjudicated without regard to the findings in this writ petition. 11. Counsel for the petitioners submits that if the Bank is giving a good offer, the petitioners are willing to settle the loan account through One Time Settlement. The petitioners will be free to approach the Bank for this purpose subject to the petitioners paying upfront amount for submitting One Time Settlement proposal. If the petitioners submit a One Time Settlement proposal within a period of one week, then subject to payment of upfront amount, a decision shall be 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 8 taken within a further period of one week, if such One Time Settlement Scheme is current. The Review Petition is dismissed with the said observation. Sd/- N.NAGARESH JUDGE spk 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 9 APPENDIX OF RP 416/2024 PETITIONER EXHIBITS Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 25-07-2024 RESPONDENT EXHIBITS Exhibit R1 THE CERTIFIED STATEMENT OF ACCOUNT BEARING NO.39870101271. Exhibit R1(a) THE CERTIFIED STATEMENT OF ACCOUNT BEARING NO.39870176768. Exhibit R1(b) THE CERTIFIED STATEMENT OF ACCOUNT BEARING NO.67345228449 PETITIONER EXHIBITS Annexure A COPY OF THE STATEMENT MARKED AS DOCUMENT NO.1 DATED 04-12-2015 Annexure B TRUE COPY OF RELEVANT PAGE OF THE LOAN AGREEMENT PAPERS WITH SBT Annexure C COPY OF THE RELEVANT PAGES OF THE STATEMENT DATED 21-06-2022 Annexure D COPY OF THE STATEMENT ISSUED BY THE SBT TILL 2017 DATED 11-03-2017 Annexure E COPY OF THE STATEMENT DATED 21-06-2022 Annexure F COPY OF THE RELEVANT PAGES OF THE STATEMENT DATED 13-01-2023 Annexure G COPY OF THE LAWYER NOTICE ISSUED IN 2025:KER:27993 RP No.416/2024 in WP(C) No.716/2024 10 O.A.NO.122/2023 09-12-2022 Annexure H COPY OF THE WRITTEN STATEMENT PREPARED BY US TO SUBMIT BEFORE THE DRT DATED 12-11-2024 Annexure I COPY OF THE A FALSELY FABRICATED DOCUMENT STATED TO BE SIGNED BY 2ND DEFENDANT MUNEERA IS ALSO PRODUCED FOR THE PURPOSE OF SAVING LIMITATION DATED 05-07-2022 Annexure J COPY OF THE PASSPORT ENTRY