W.P.(C).No.12474/21 & OP(DRT) No.114/21

W.P.(C).No.12474/21 & OP(DRT) No.114/21 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **THURSDAY, THE 14[TH] DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945** ## **WP(C) NO. 12474 OF 2021** ## **PETITIONERS:** 1 SREEPRAKASH A.P.,AGED 54 YEARSPROPRIETOR, BUILTECH ENGINEERS AND M/S. BUIL-TECH, COLOURS, T.C. 53/1476, SREE PADMAM, PADMA NAGAR, MANKULAM ROAD, PAPPANAMCODE P.O. THIRUVANANTHAPURAM 695 018. 2 MINI SREEPRAKASH,W/O. SREEPRAKASH A.P., SREE PADMAM, PADMA NAGAR, MANKULAM ROAD, PAPPANAMCODE P.O. THIRUVANANTHAPURAM 695 018. BY ADVS. DINESH R.SHENOY P.ROHIT PREMANANDAN SHENOY ## **RESPONDENTS:** 1 THE STATE BANK OF INDIA SBISTRESSED ASSETS RECOVERY BRANCH, REP. BY THE ASSISTANT GENERAL MANAGER, THIRUVANANTHAPURAM 695 012. 2 THE STATE BANK OF INDIA,POOJAPPURA BRANCH, OPP. PAREEKSHA BHAVAN, THIRUVANANTHAPURAM 695 012, REP. BY THE BRANCH MANAGER. BY ADV TOM K.THOMAS THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 12.07.2023, ALONG WITH OP (DRT).114/2021, THE COURT ON 14.09.2023 DELIVERED THE FOLLOWING: W.P.(C).No.12474/21 & 2 OP(DRT) No.114/21 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 14[TH] DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 OP (DRT) NO. 114 OF 2021** ## **AGAINST THE ORDER/JUDGMENT SA 193/2021 OF DEBT RECOVERY** ## **TRIBUNAL, ERNAKULAM** ## **PETITIONER:** SREEPRAKASH A.PAGED 54 YEARSS/O. PADMANABHAN NAIR, SOLE PROPRIETOR, M/S. BUIL TECH ENGINEERS AND M/S. BULL TECH COLOURS, T.C 53/1476, SREE PADMAM, PADMA NAGAR, MANKULAM ROAD, PAPPANAMCODE P.O, TRIVANDRUM 695 018 BY ADVS. DINESH R.SHENOY EBIN MATHEW V.SUBHASH BHAT ## **RESPONDENTS:** 1 AUTHORISESD OFFICERSTATE BANK OF INDIA, SARA BRANCH, LMS COMPOUND, VIKASBHAVAN P.O, TRIVANDRUM, PIN 695 033 2 MINI SREEPRAKASHW/O. SREEPRAKASH A.P, SREE PADMAMPADMA NAGAR, MANKULAM ROAD, PAPPANAMCODE P.O, THIRUVANANTHAPURAM 695 018 BY ADV TOM K.THOMAS THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON 12.07.2023, ALONG WITH WP(C).12474/2021, THE COURT ON 14.09.2023 DELIVERED THE FOLLOWING: W.P.(C).No.12474/21 & OP(DRT) No.114/21 3 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = = W.P.(c).No.12474 of 2021 & OP(DRT) No.114 of 2021 = = = = = = = = = = = = = = = = Dated this the 14[th] day of September, 2023** ## **JUDGMENT** 1.This writ petition as well as the O.P.(D.R.T) are filed by the petitioners with regard to the payment to be made by the petitioners to avert further coercive proceedings in respect of two defaulted loans. It is submitted that the petitioners had availed two loans, one for Rs.4 crores on 10.2.2016 and another for Rs.50 lakhs on 9.9.2016 mortgaging five items of property. There was default in repayment. However, eventhough the accounts had not been declared as nonperforming accounts, the respondents had issued notices under Section 13(2) of the SARFAESI Act on 25.7.2017. Thereafter, possession notices were also issued on 4.4.2018. However, since amounts had been paid to avert further coercive action, such action was deferred and the petitioners were allowed to continue to operate the accounts. On 29.10.2018, the petitioners submitted a request to permit W.P.(C).No.12474/21 & OP(DRT) No.114/21 4 private sale of one of the five properties on condition that sale consideration would be deposited in the bank. The said request was also rejected stating that permission can be granted only if the petitioners remit an amount equivalent to the bank's valuation of the property. The bank filed O.A.No.534 of 2019 before the Debts Recovery Tribunal, Ernakulam on 8.8.2019. W.P.(C).No.26211 of 2019 was also filed by the petitioners seeking sanction for private sale of one of the items of property. - 2.It is the common case of the parties that a compromise settlement was arrived at between the parties on 29.06.2020 as per the terms of which the petitioner was bound to pay an amount of Rs.4,30,00,000/- for closure of two term loans availed by the petitioner. It is contended that out of the amount of Rs.4,30,00,000/- the petitioner had already remitted Rs.50,00,000/- and had been given time for payment of the balance amounts. It is submitted that an amount of Rs.2,60,50,000/- was paid on an aggregate for the closure of the amounts by the petitioner. Thereafter, there was default in payment. It is stated that the respondents extended the date W.P.(C).No.12474/21 & 5 OP(DRT) No.114/21 for repayment of the loan initially for a period of three months upto 29.01.2021 and again till 29.02.2021 on condition that interest for the belated payment would be charged from the petitioner. Thereafter, pursuant to an interim order passed by this Court on 18.11.2021, the petitioner again remitted an amount of Rs.1,00,00,000/- along with a proposal for settlement. This Court had specifically directed that if the settlement is accepted, the said amount shall be treated as part of the terms of the settlement. Thereafter, the settlement offered by the petitioner was not accepted by Bank. Since the petitioner required urgent permission to sell of one item of the secured asset, as agreed between the parties, a further amount of Rs.90,00,000/- was paid pursuant to interim order dated 24.03.2023. With this, it is contended that the total amount paid by the petitioner stood at Rs.4,50,50,000/- . It is submitted that in spite of the payment of amounts in excess of the settlement amount by the petitioner and in spite of expressing his willingness to pay the balance amounts due under the further OTS offered on31.1.2022 with applicable interest, the respondents are refusing to release the documents in respect of the properties. It is contended by the W.P.(C).No.12474/21 & 6 OP(DRT) No.114/21 learned counsel for the petitioner that the bank cannot act like a private financier and that the conduct of the Bank and its officers would put any Shylock to shame. It is further contended that in spite of the fact that the petitioner was disabled from making the due payments only because of the COVID 19 pandemic, the respondents have refused to grant any EMI and are still requiring payment of huge amounts which the petitioner cannot meet even if his entire properties are sold. - 3.It is contended that the SARFAESI proceedings initiated on 25.7.2017 were completely incompetent in view of the fact that the petitioners had been permitted to operate the account even after that date and that the State Bank of India had filed an affidavit on 14.3.2022 admitting that the two accounts were declared NPA only on 30.3.2018. - 4.The learned counsel for the respondent, on the other hand, contends that the money in question is public money and that there can be no undue relief being granted to the petitioner. It is submitted that the petitioner had large extents of property W.P.(C).No.12474/21 & OP(DRT) No.114/21 7 in his name and had the financial capability to pay off the amounts. However, the amounts were not paid even in spite of the acceptance of the settlement by the Bank. 5. Relying on the decision of the Apex court in **State Bank of India vs. Arvindra Electronics Pvt. Ltd** .[Civil Appeal No. 6954 of 2022], it is contended that the High Court would not be justified in extending the time provided under the OTS (One Time Settlement) Scheme. Further, the decision in **Bijnor** **Urban Co-operative Bank Limited, Bijnor and others vs. Meenal Agarwal and Others** [2021 KHC 6846] is also relied on to contend that once a conscious decision is taken by the bank not to grant the benefit of the OTS Scheme to the petitioner, there can be no direction by the Constitutional Court to the bank to provide the same to the petitioner. The decision in **Phoenix ARC Pvt. Ltd V. Vishwa Bharati Vidya Mandir and Others** [2022 KHC 6040] is also relied on to contend that the proper remedy of the petitioner is to approach the Debts Recovery Tribunal and not before this Court. W.P.(C).No.12474/21 & 8 OP(DRT) No.114/21 - 6.The learned standing counsel appearing for the respondent Bank however admits that the accounts had been declared NPA only on 30.3.2018 and that the petitioners are nonetheless duty bound to make the payments of the outstanding amounts for the release of their documents and that the contentions raised cannot be accepted. - 7.I have considered the contentions advanced on either side. I notice that there are several interim orders passed in this writ petition. It is clear that the parties had submitted a memorandum of settlement before the DRT on 29.06.2020 for settlement of the account for Rs.4,30,00,000/-. It is an admitted fact that an amount of Rs. 4,50,50,000/- has been paid by the petitioner after the said agreement and in terms of the various interim orders of this Court. The learned counsel for the respondent submits that the said agreement has been re-called by reason of the failure on the part of the petitioner to make the payments in time. I am of the opinion that the impact of the Covid lock down cannot be completely ignored by the bank. So also, it is clear that the bank had accepted all the amounts paid by the petitioner. W.P.(C).No.12474/21 & 9 OP(DRT) No.114/21 - 8.By interim order dated 18.11.2021 the petitioner was required to pay another amount of Rs.1,00,00,000/- for consideration of a proposal for settlement, which was also accepted by the bank. However, that proposal of the petitioners to settle the entire accounts by paying a further amount of Rs.1,27,40,397 was not acceptable to the bank had issued a letter dated 31.01.2022 fixing a further amount of Rs.2,52,67,108.71 as the OTS amount by Exhibit P25 produced in W.P.(C).No.12474 of 2021. - 9.It is submitted by the learned counsel for the petitioners that in case the amounts paid by the petitioners pursuant to the interim order dated 18.11.2022 and 24.3.2023 are adjusted towards the said offer and 25% deduction for prompt payment is granted, the petitioners would have to make a further payment of only Rs.Rs.37,40,397.78 with applicable interest for release of the documents. - 10.Having gone through the extensive pleadings and the repeated interim orders rendered by this Court in the instant case, I find merit in the contention raised by the petitioners W.P.(C).No.12474/21 & OP(DRT) No.114/21 10 that the Section 13(2) notice issued on 25.7.2017 and the resultant possession notices issued against the properties of the petitioner are totally incompetent, in view of the admission made by the bank that the accounts were rendered NPA only on 30.3.2018. In the above view of the matter, the notices and the entire proceedings taken on the basis of such notices which were issued before the account was declared NPA are unsustainable and are liable to be set aside. In the result, O.P(D.R.T) No.114 of 2021 is ordered setting aside all the notices and proceedings taken under the provisions of the SARFAESI Act before the account was declared NPA. 11.In the special facts and circumstances of the case and in the light of the interim orders granted by this Court, and the admitted payments made by the petitioners, I am of the opinion that the respondent bank is duty bound to consider the proposal of the petitioner for acceptance of the amount of Rs.1,90,00,000/- paid by the petitioner towards the OTS settlement proposed by the bank by Exhibit P25 in W.P. (C).No.12474 of 2021. W.P.(C).No.12474/21 & 11 OP(DRT) No.114/21 12.W.P.(C) No.12474/2021 is, therefore, ordered directing the respondent Bank shall reckon the payment of Rs.1,90,00,000/paid by the petitioner pursuant to the interim orders of this Court towards the One Time Settlement held out by the bank as Ext.P25. All applicable reliefs shall also be granted to the petitioner. The balance amount due shall be calculated with applicable interest and the demand shall be raised within one month from the date of receipt of a copy of this judgment, which shall be met by the petitioner within a period of one month from date of receipt of a copy of the same. It is made clear that this judgment is being rendered only in the peculiar facts and circumstances of the instant case and the interim orders passed herein and shall not be treated as a precedent under any circumstances. sd/- **Anu Sivaraman, Judge** sj W.P.(C).No.12474/21 & 12 OP(DRT) No.114/21 ## **APPENDIX OF OP (DRT) 114/2021** PETITIONER EXHIBITS Exhibit P1 series TRUE PHOTOCOPY OF POSSESSION NOTICES DATED 4-4-2018 ISSUED TO M/S. BULL-TECH ENGINEERS AND BUIL-TECH COLOURS - Exhibit P2 TRUE PHOTOCOPY OF LETTER DATED 16-112018 ISSUED BY THE RESPONDENT - Exhibit P3 TRUE PHOTOCOPY OF LETTER DATED 15-122018 ISSUED BY RESPONDENT BANK. - Exhibit P4 TRUE TYPED COPY OF LAWYER NOTICE DATED 29-07-2019 ISSUED BY TOM K THOMAS, ADVOCATE - Exhibit P5 A TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENT BANK IN WP(C0 NO. 26211/2019 DATED 24-02-2020 - Exhibit P6 A TRUE PHOTOCOPY OF OA 534/2019 DATED 8- 8-2019 (WITHOUT ENCLOSURES) - Exhibit P7 TRUE PHOTOCOPY OF STATEMENT OF ACCOUNTS IN RESPECT OF ACCOUNT NO. 67352629622 FROM 10-02-2016 TILL 15-07-2019 - Exhibit P7A TRUE PHOTOCOPY OF STATEMENT OF ACCOUNTS IN RESPECT OF ACCOUNT NO 67375530932 FROM 9-09-2016 TO 28-3-2019 - Exhibit P8 A TRUE PHOTOCOPY OF THE DRAWING OF THE PROPERTY PROPOSED TO SELL - Exhibit P9 THE VALUATION OF THE PROPERTY MORTGAGED BY THE PETITIONER, CONDUCTED BY THE DEFENDANT BANK - Exhibit P10 A TRUE PHOTOCOPY OF LETTER OF ACCEPTANCE OF OTS SETTLEMENT DATED 29-06-2020 W.P.(C).No.12474/21 & 13 OP(DRT) No.114/21 |Exhibit P11|TRUE PHOTOCOPY OF LETTER DATED 11-11-| |---|---| ||2020 ISSUED BY THE RESPONDENT TO THE| ||PETITIONER| |Exhibit P12|TRUE PHOTOCOPY OF THE LETTER DATED 31-| ||12-2020 SUBMITTED TO THE DEFENDANT BANK| ||BY THE PETITIONER.| |Exhibit P13|TRUE PHOTOCOPY OF THE LETTER DATED 14-1-| ||2021 ISSUED BY THE DEFENDANT BANK| |Exhibit P14|CERTIFIED COPY OF I.A NO. 501/2021 IN| ||O.A NO. 534/2019, DEBT RECOVERY| ||TRIBUNAL-II, ERNAKULAM DATED 10-2-2021| |Exhibit P15|CERTIFIED COPY OF I.A NO. 500/2021 IN| ||O.S NO. 534/2019, DEBT RECOVERY TRIBUNAL| ||-II, ERNAKULAM DATED 16-2-2021.| |Exhibit P16|TRUE PHOTOCOPY OF COUNTER AFFIDAVIT IN| ||W.P(C0 NO. 12474/2021 DATED 23-06-2021| |Exhibit P17|TRUE PHOTOCOPY OF THE MARRIAGE| ||INVITATION CARD OF THE PETITIONER'S SON| ||DATED 27-08-2021| |Exhibit P18|TRUE PHOTOCOPY OF THE NOTICE ISSUED BY| ||THE ADVOCATE COMMISSIONER IN M.C| ||568/2020, CHIEF JUDICIAL MAGISTRATE| ||COURT, THIRUVANANTHAPURAM.| |Exhibit P19|TRUE PHOTOCOPY OF THE NOTICE ISSUED BY| ||THE ADVOCATE COMMISSIONER IN M.C NO| ||567/2020, CHIEF JUDICIAL MAGISTRATE| ||COURT, THIRUVANANTHAPURAM.| |Exhibit P20|TRUE PHOTOCOPY OF LETTER DATED 26-3-2021| ||ISSUED BY THE RESPONDENT| |Exhibit P21|TRUE PHOTOCOPY OF ORDER DATED 29-06-2020| ||IN M.C NO. 567/2020 CHIEF JUDICIAL| ||MAGISTRATE COURT, THIRUVANANTHAPURAM.| W.P.(C).No.12474/21 & OP(DRT) No.114/21 14 Exhibit P22 TRUE TYPED COPY OF THE INTERIM ORDER DATED 25-08-2021 PASSED IN S.A NO. 193/2021 DEBT RECOVERY TRIBUNAL II ERNAKULAM Exhibit P23 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT DATED 28-08-2021 FILED BY THE RESPONDENT/DEFENDANT IN SA NO 193/2021, DRT-II, ERNAKULAM WITH ANNEXURES Exhibit P24 TRUE PHOTOCOPY OF IA NO. 1045/2021, IN SA NO. 193/2021 DATED 1-09-2021, DRT-II, ERNAKULAM Exhibit P25 TRUE TYPED COPY OF ORDER DATED 2-09-2021 PASSED IN SA NO 193/2021, DRT-II ERNAKULAM Exhibit P26 TRUE PHOTOCOPY OF MEMO FILED BY THE RESPONDENT BANK TOGETHER WITH SCANNED COPIES OF THE ACCOUNT STATEMENTS PRODUCED ON 6-09-2021 Exhibit P27 TRUE PHOTOCOPY OF PETITION DATED 6-092021 TO ORDER OF PRODUCTION OF DOCUMENTS, ID NO. 6628 IN SA NO. 193/2021 Exhibit P28 TRUE TYPED COPY OF ORDER DATED 6-09-2021 IN S.A NO 193/2021, DEBT RECOVERY TRIBUNAL, ERNAKULAM. Exhibit P29 TRUE PHOTOCOPY OF NOTICE DATED 25.07.2017, ISSUED BY THE RESPONDENT. Exhibit P30 TRUE PHOTOCOPY OF THE NOTICE DATED 25/7/2017 ISSUED BY THE RESPONDENT BANK. Exhibit P31 TRUE PHOTOCOPY OF THE NOTICE DATED 25/7/2017 ISSUED BY THE RESPONDENT BANK. W.P.(C).No.12474/21 & OP(DRT) No.114/21 15 Exhibit P32 TRUE PHOTOCOPY OF OFFER OF ITS ISSUED BY THE BANK DATED 13/9/2021 - Exhibit P33 TRUE PHOTOCOPY OF THE NOTICE DATED 29/9/2021 ISSUED BY ADV.COMMISSIONER SUMA R.S - Exhibit P34 TRUE PHOTOCOPY OF NOTICE DATED 20/9/2021 ISSUED BY ADV.COMMISSIONER SUMA R.S. - Exhibit P35 TRUE PHOTOCOPY OF NOTICE DATED 20/9/2021 ISSUED BY ADV.COMMISSIONER SUDHA SUDHAKARAN - Exhibit P36 TRUE PHOTOCOPY OF NOTICE DATED 20/9/2021 ISSUED BY ADV.COMMISSIONER SUDHA SUDHAKARAN - Exhibit P37 TRUE PHOTOCOPY OF MEDICAL CERTIFICATE DATED 25/9/2021, ISSUED FROM THE AATTUKAL DEVI INSTITUTE OF MEDICAL SCIENCE PVT.LTD WITH PHOTOGRAPH - Exhibit P(38) TRUE PHOTOCOPY OF NOTICE DATED 21/10/2022 ISSUED BY ADV.SUDHA SUDHAKARAN TO THE PETITIONER - Exhibit P(39) TRUE PHOTOCOPY OF NOTICE DATED 20/10/2022 ISSUED BY ADV.SUMA R.S. IN MC 567/2020 W.P.(C).No.12474/21 & 16 OP(DRT) No.114/21 ## **APPENDIX OF WP(C) 12474/2021** PETITIONER EXHIBITS - Exhibit P1 TRUE TYPED COPY OF MARKET VALUATION DETAILS OF THE FIVE PROPERTIES MORTGAGED WITH THE 2ND RESPONDENT PREPARED BY THE BANK. - Exhibit P2 TRUE TYPED COPY OF PAYMENT OF INTEREST BY THE PETITIONER FROM 29/2/2016 TO 14/1/2019. - Exhibit P3 TRUE PHOTO COPY OF LETTER DATED 16/11/2018 ISSUED BY THE RESPONDENT. - Exhibit P4 TRUE PHOTO COPY OF LETTER DATED 15/12/2018 ISSUED BY RESPONDENT BANK. - Exhibit P5 TRUE TYPED COPY OF LAWYER NOTICE DATED 29/5/2019 ISSUED BY TOM K THOMAS, ADVOCATE. - Exhibit P6 TRUE PHOTOCOPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN WPC NO. 26211/2019, HIGH COURT OF KERALA. - Exhibit P7 TRUE PHOTO COPY OF THE LETTER DATED 29/6/2020. - Exhibit P8 TRUE PHOTOCOPY OF THE SURVEY SKETCH OF THE PLOT REFERRED AS O. 5 IN EXT. P1. - Exhibit P9 TRUE PHOTOCOPY OF LETTER DATED 21/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. - Exhibit P10 TRUE PHOTO COPY OF LETTER DATED 21/10/2020. - Exhibit P11 TRUE PHOTOCOPY OF LETTER DATED 11/11/2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. W.P.(C).No.12474/21 & 17 OP(DRT) No.114/21 Exhibit P12 TRUE PHOTO COPY OF LETTER ISSUED BY THE 1ST PETITIONER DATED 31/12/2020. - Exhibit P13 TRUE PHOTO COPY OF LETTER DATED 14/1/2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONERS. - Exhibit P14 TRUE PHOTO COPY OF LETTER DATED 22/1/2021 SUBMITTED BY 1ST PETITIONER TO THE RESPONDENTS. - Exhibit P15 TRUE PHOTO COPY OF LETTER DATED 9/3/2021 SUBMITTED BY THE BANK TO THE PETITIONER. - Exhibit P16 TRUE PHOTO COPY OF LETTER DATED 17/3/2021 SUBMITTED BY 1ST PETITIONER BEFORE THE RESPONDENTS. - Exhibit P17 TRUE PHOTO COPY OF LETTER DATED 26/3/2021 ISSUED BY THE RESPONDENT TO THE PETITIONER. - Exhibit P18 TRUE PHOTO COPY OF LETTER DATED 3/5/2021 ISSUED BY PETITIONER TO THE RESPONDENT BANK. - Exhibit P19 TRUE PHOTOCOPY OF THE LETTER DATED 13.9.2021 ISSUED BY THE RESPONDENT BANK. - Exhibit P20 TRUE PHOTOCOPY OF MEDICAL CERTIFICATE DATED 25.9.2021 ISSUED TO THE 1ST PETITIONER. - Exhibit P21 TRUE PHOTOCOPY OF THE SETTLEMENT PROPOSAL SUBMITTED BY THE PETITIONER TO THE RESPONDENTBANK AND THE CHEQUE FOR RS. 1,00,00,000/- DATED 26/11/2021 - Exhibit P22 TRUE PHOTOCOPY OF THE LETTER EMAILED TO THE RESPONDENT BANK BY THE PETITIONER DATED 15.12.2021 W.P.(C).No.12474/21 & 18 OP(DRT) No.114/21 Exhibit P23 TRUE PHOTOCOPY OF THE EMAIL SENT ON 13.01.2022 TO THE RESPONDENT BANK Exhibit P24 TRUE PHOTOCOPY OF THE LETTER DATED 13.01.2022 RECEIVED FROM THE RESPONDENT BANK Exhibit P25 True Photocopy Of The Ots Letter Dated 31.1.2022 Issued By The The Respondent Bank Exhibit P26 TRUE COPY OF THE EMAIL DATED 15/12/2021 FORWARDED TO THE EMAIL ID OF THE STATE BANK OF INDIA, FROM THE EMAIL ID BUILTECCHENGINEERS.TVPM@GMAILCOM WITH ATTACHMENT Exhibit P27 TRUE COPY OF THE 3RD PARTY AFFIDAVIT FILED BY THE AJI K NAIR DATED 23/05/2022 Exhibit P28 TRUE COPY OF THE 3RD PARTY AFFIDAVIT FILED BY JAYAMOHAN B DATED 23/05/2022 Exhibit P29 TRUE COPY OF THE 3RD PARTY AFFIDAVIT FILED BY PRABHAKARAN NAIR DATED 23/05/2022 Exhibit P30 TRUE COPY OF THE TYPED EXTRACT OF WHATSAPP CHATS EXCHANGED BY THE PETITIONER WITH THE CHIEF MANAGER AND AUTHORISED OFFICER OF THE STATE BANK OF INDIA DURING 05/02/2021 TO 21/05/2021 Exhibit P31 TRUE COPY OF THE TYPED EXTRACT OF WHATSAPP CHATS EXCHANGED BY THE PETITIONER WITH THE CHIEF MANAGER AND AUTHORISED OFFICER OF THE STATE BANK OF INDIA DURING 09/09/2021 TO 08/05/2022 Exhibit P32 TRUE PHOTOCOPY OF EMAIL SENT BY THE PETITIONER DATED 28/3/2023 W.P.(C).No.12474/21 & 19 OP(DRT) No.114/21 Exhibit P33 TRUE PHOTOCOPY OF EMAIL DATED 29/3/2023 SENT BY THE PETITIONER. Exhibit P34 TRUE PHOTOCOPY OF LETTER DATED 30/3/2023 ISSUED BY THE RESPONDENT BANK. Exhibit P35 TRUE PHOTOCOPY OF EMAIL DATED 31/3/2023 ISSUED BY THE RESPONDENT BANK. Exhibit P36 TRUE PHOTOCOPY OF EMAIL DATED 31/3/2023 ISSUED BY THE PETITIONER. Exhibit P37 PHOTOCOPY OF CHEQUE NOS.387111 AND 387112 HANDED OVER TO THE SBI ON 30/3/2023. Exhibit P38 TRUE PHOTOCOPY OF EMAIL DATED 3/4/2023 ISSUED BY THE PETITIONER. RESPONDENT EXHIBITS Exhibit R1 b TRUE COPY OF THE LETTER DATED 13/01/2022 ISSUED BY THE 1ST RESPONDENT.