High Court of KeralaSingle JudgeWrit petition disposed; if the petitioner pays ...

T. Shahul Hameed v. The State Bank of India and The Authorised Officer, SBI Stressed Assets Recovery Branch, Thiruvananthapuram; The State Bank of India, Pattanakkad Branch

Case / Petition Number:WP(C) No.23937 of 2022
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Gopinath P.
Judgment Date
2022-11-09
Court Decision / Holding
Taking note of the above submission and without going further into the merits of the contentions, this writ petition is ordered directing that, if the petitioner pays a sum of Rs.1,58,391/- on or before 30-11-2022, the loan account in respect of which the petitioner is a guarantor will be closed and all further proceedings will be dropped.
Final Disposition
Writ petition disposed; if the petitioner pays Rs.1,58,391 by 30-11-2022, the loan account will be closed and all further proceedings dropped.

Parties to the Case

Appellants / Petitioners

  • T. Shahul Hameed

Respondents

  • The Authorised Officer, State Bank of India, Stressed Assets Recovery Branch, LMS Compound, Opp. Museum West Gate, Vikas Bhavan P.O., Thiruvananthapuram, PIN-695033
  • State Bank of India, Pattanakkad Branch, Represented by Branch Manager, Pattanakkad P.O., Cherthala, Alappuzha, PIN-688531

Legal Representation & Advocates

Counsels for Petitioners

  • • B. Pramod

Counsels for Respondents

  • • Jawahar Jose

Case Synopsis & Summary

This writ petition (WP(C) No.23937 of 2022) filed in the Kerala High Court by T. Shahul Hameed, guarantor of a loan taken by his father, challenges the bank’s handling of a One Time Settlement (OTS) under SBI’s Rinn Samadhan Scheme. The sanction letter (Ext.P3, dated 13.12.2021) required staged payment: 10% initially, another 10% by 60 days, followed by the balance within four months with interest at MCLR. The petitioner argues substantial compliance: he remitted Rs.10.5 lakhs on 08.07.2022 and contends the remaining shortfalls arose due to his children’s hospitalisation. He cites Bindhu Vijayakumar v. Regional Manager, SBI, Kollam (2022 (1) KHC 394) to urge maintenance of OTS benefits despite delays. The bank counters that OTS is a contractual arrangement; default defeats the benefit, and relying on the Supreme Court’s decision in State Bank of India v. Aravinda Electronics Pvt. Ltd (Civil Appeal No.6454/2022) contends Bindhu Vijayakumar’s approach is no longer valid. The court, after considering the submissions and the Aravinda Electronics decision, does not resolve merits on the broader OTS policy but issues a limited relief: if the petitioner pays Rs.1,58,391 by 30-11-2022, the loan account will be treated as settled, and all further proceedings will be dropped. The petition is disposed accordingly.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the OTS benefits should be extended in light of the scheme’s terms and his attempts to comply, including remitting Rs.10.5 lakhs and the hospitalisation of his children which prevented timely payments on 14-02-2022 and 14-03-2022. He argues substantial compliance and reliance on Bindhu Vijayakumar (supra) to secure relief, urging that the bank exercise its discretion in his favour and avoid immediate forfeiture of the OTS benefit.

Contentions of Respondents

The bank contends that OTS is a contract; any default voids the benefit, with no exceptional circumstances warranting extension. It relies on the sanction letter and the terms that require timely payment, and points to Bindhu Vijayakumar as no longer good law following the Supreme Court’s decision in Aravinda Electronics. It seeks that the account not be settled except through strict compliance, save for a limited concession if the petitioner makes a specified further payment.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Bindhu Vijayakumar v. Regional Manager, SBI, Kollam and Others2022 (1) KHC 394OverruledThe Kerala High Court notes that the Bindhu Vijayakumar decision is no longer good law in light of the Supreme Court’s decision in State Bank of India v. Aravinda Electronics Pvt. Ltd (Civil Appeal No.6454/2022), and thus treats Bindhu Vijayakumar as overruled within this context.
State Bank of India v. Aravinda Electronics Pvt. LtdCivil Appeal No.6454/2022PositiveCited by the bank to indicate controlling law post-Aravinda Electronics; the Supreme Court decision is used to argue that Bindhu Vijayakumar’s rationale is not applicable and to frame the current judgment, though the court grants a limited remedy based on equity.
W.P.(C) 29200/2021W.P.(C) 29200/2021Mentioned OnlyExhibit P2 references a prior judgment in this court (W.P.(C) No. 29200/2021); it is cited as background material, not as binding authority for the present decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 9[TH] DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944 WP(C) NO. 23937 OF 2022** ## **PETITIONER:** **1 T.A.SHAHUL HAMEED AGED 80 YEARS S/O. ABDUL KHADER, THATTAPARAMBIL HOUSE, THURAVOOR P.O., CHERTHALA, ALAPPUZHA, PIN - 688532 BY ADV B.PRAMOD** ## **RESPONDENTS:** |**1**|**THE AUTHORISED OFFICER**| |---|---| ||**THE STATE BANK OF INDIA,**| ||**STRESSED ASSETS RECOVERY BRANCH,**| ||**LMS COMPOUND, OPPO.MUSEUM WEST GATE,**| ||**VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033**| |**2**|**STATE BANK OF INDIA SBI**| ||**PATTANAKKAD BRANCH,**| ||**REPRESENTED BY BRANCH MANAGER,**| ||**PATTANAKKAD P.O., CHERTHALA,**| ||**ALAPPUZHA, PIN - 688531**| ||**BY ADV. JAWAHAR JOSE**| |**THIS **|**WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON**| |**09.11.2022,**|**THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**| WPC No.23937 of 2022 2 ## **JUDGMENT** ## **Dated this the 09[th] day of November, 2022** The petitioner is a guarantor in respect of a loan availed by his father. The business for which the loan was taken belongs to the petitioner and his father together. The loan is a cash credit facility. 2. The learned counsel appearing for the petitioner states that the State Bank of India had introduced a scheme for One Time Settlement by name 'Rinn Samadhan Scheme' and the petitioner being desirous of settling the loan liability under the provisions of the scheme had applied for the benefits of the scheme. Accordingly, by Ext.P3 sanction letter dated 13.12.2021, the petitioner was granted a One Time Settlement. 3. The learned counsel appearing for the petitioner submits that the petitioner remitted the 1[st] installment payable in terms of the scheme along with WPC No.23937 of 2022 3 the application on 13.12.2021. It is submitted that in terms of Ext.P3, the petitioner was required to pay a further amount equivalent to 10% (Rs.1.25 lakhs) on or before 14.02.2022 and another amount of 10% (Rs.1.25 lakhs) on or before 14.03.2022. The balance amount was to be paid without interest on or before 14.05.2022 and with interest at Marginal Cost of Fund Based Lending Rate (MCLR). The rate on the date of sanction was 6.95%. It is the case of the petitioner that though the petitioner could not remit the amount payable on 14.02.2022 and 14.03.2022, the petitioner paid a sum of Rs.10.5 lakhs on 08.07.2022. It is submitted that since the One Time Settlement amount was Rs.12.5 lakhs, the petitioner had remitted the entire amount as above. It is submitted that the installments due on 14.02.2022 and 14.03.2022 could not be paid only on account of the fact that children of the petitioner were hospitalised with ailments and reference in this regard WPC No.23937 of 2022 4 is made to Exts.P4 and P5. It is submitted that the petitioner has substantially complied with the terms of offer for One Time Settlement and at best, the petitioner can be mulcted with the liability of payment of interest upon the amounts payable on 14.02.2022 and 14.03.2022 and also on the amount paid within the six months' period mentioned in Ext.P3 at MCLR rate as provided for in the sanction letter. The learned counsel also places reliance on the judgment of this Court _**Bindu Vijayakumar v. Regional Manager, SBI, Kollam and Others [2022 (1) KHC 394]**_ to advance his contention that the benefit of the One Time Settlement should be made available to the petitioner. 4. The learned counsel appearing for the respondent bank vehemently opposes the grant of any relief to the petitioner. It is submitted that the grant of One Time Settlement is contract in itself and it must either be by completely abided by or not at WPC No.23937 of 2022 5 all. It is submitted that if any default is committed in compliance of the terms of the One Time Settlement, the petitioner will lose the benefit of One Time Settlement as is evident from Ext.P3 sanction letter itself. It is submitted that there are no exceptional circumstances as noticed by this Court in _**Bindu Vijayakumar (Supra)**_ which would enable the petitioner to claim that he is entitled to settle the liability in terms of the offer for One Time Settlement. He also refers to paragraph 6 of the counter affidavit where it is states as follows: “As per Exhibit-P3, the borrowers have to pay 10% of the OTS amount within 30 days of its sanction, and a further 10% of the OTS amount within 60 days of its sanction. Thereafter, the balance OTS amount will have to be paid within 4 months and if the balance amount could not be paid within the said 4 months, the borrowers are given the dominion to pay the said amount with interest. As the petitioner and borrowers were served with Exhibit-P3 letter on 14-01-2022, and as the petitioner has deposited Rs.2 Lakhs as upfront amount, by making an excess WPC No.23937 of 2022 6 payment of Rs.75,000/-, he ought to have deposited Rs.50,000/- on or before 13-03-2022 and another payment of Rs.1,25,000/- on or before 15-3-2022. However, the petitioner nor the borrowers have not deposited the 1[st] or 2[nd] instalments. Thus, the OTS sanctioned to the petitioner has rendered infructuous on 13-22022”. 5. The learned counsel appearing for the respondent bank also brought to my notice the recent judgment of the Supreme Court in _**State Bank of India v. Aravinda Electronics Pvt. Ltd**_ . (judgment dated 04-11-2022 in Civil Appeal No.6454/2022). He states that in the light of the law laid down in the aforesaid judgment of the Supreme Court, the judgment of this court in _**Bindhu Vijayakumar** (supra)_ is no longer good law despite the fact that the judgment in _**Bindhu Viayakumar** (surpa)_ has been affirmed by a Division Bench of this court. He submits that notwithstanding the above, taking into consideration the peculiar facts and circumstances of WPC No.23937 of 2022 7 this case, if the petitioner pays a further sum of Rs.1,58,391/- on or before 30-11-2022, the account of the petitioner can be treated as settled. The offer is acceptable to the petitioner, states his counsel. Taking note of the above submission and without going further into the merits of the contentions, this writ petition is ordered directing that, if the petitioner pays a sum of Rs.1,58,391/- on or before 30.11.2022, the loan account in respect of which the petitioner is a guarantor will be closed and all further proceedings will be dropped. **Sd/-** **GOPINATH P.** **JUDGE** SKP/02-11 WPC No.23937 of 2022 8 ## **APPENDIX OF WP(C) 23937/2022** |**PETITIONER'S EXHIBITS:**|| |---|---| |**EXHIBIT P1**|**TRUE COPY OF THE LETTER DATED 10.11.2021 ISSUED**| ||**BY THE 2ND RESPONDENT BANK TO THE PETITIONER**| |**EXHIBIT P2**|**TRUE COPY OF THE JUDGMENT DATED 17.12.2021 IN**| ||**W.P.(C) NO. 29200/2021 PASSED BY THIS HON'BLE**| ||**COURT**| |**EXHIBIT P3**|**TRUE COPY OF THE LETTER DATED 13.12.2021 ISSUED**| ||**BY THE RESPONDENT BANK**| |**EXHIBIT P4**|**TRUE COPY OF THE MEDICAL CERTIFICATE OF THE**| ||**PETITIONER'S YOUNGER SON BY NAME MR. SHAFEED**| |**EXHIBIT P5**|**TRUE COPY OF THE DISCHARGE SUMMARY OF THE**| ||**PETITIONER'S SON BY NAME MR. SHAJEED**| |**EXHIBIT P6**|**TRUE COPY OF THE PRINTOUT OF THE RTGS**| ||**TRANSACTION DATED 08.07.2022**| |**EXHIBIT P7**|**TRUE COPY OF THE REPRESENTATION DATED**| ||**12.07.2022 PREFERRED BY THE PETITIONER BEFORE**| ||**THE 1ST RESPONDENT**| |**EXHIBIT P8**|**TRUE COPY OF THE LETTER DATED 19.07.2022 ISSUED**| ||**BY THE RESPONDENT BANK**| |**EXHIBIT P9**|**TRUE COPY OF THE NOTICE ISSUED BY THE CANARA**| ||**BANK EXTENDING THE DATE FOR APPLYING FOR OTS UP**| ||**TO 30.06.2022**| |**EXHIBIT P10**|**TRUE COPY OF THE REPORT OF THE SAID SCHEME**| ||**APPEARED IN ONLINE EDITION OF THE NEW INDIAN**| ||**EXPRESS DAILY 06.02.2022**| |**EXHIBIT P11**|**TRUE COPY OF THE NOTICE DATED 20.07.2022 ISSUED**| ||**BY THE ADVOCATE COMMISSIONER**| |**RESPONDENTS' EXHIBITS:NIL**|| ## **TRUE COPY** ## **P.A.TO JUDGE**