Disposed

Nisa Beevi v. the Secretary, Paravoor S.N.v.Regional

Kerala HC21 Aug 2008WP(C)/24487/2008

Case brief

AI extract

What is this about?

The High Court at Ernakulam directed a cooperative bank to waive interest and offer lump sum or instalment repayment options to a petitioner facing recovery proceedings over a marriage loan, while retaining the bank's liberty to proceed with recovery if the petitioner declined the offer.

What did the court decide?

Directed the bank to waive interest and allow lump sum or 24 instalment payment for the outstanding principal, effective only if the petitioner chooses the option within two weeks.

Nisa Beevi Vs the Secretary, Paravoor S.N.v.Regional — Writ and Judicial Review | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 24487 of 2008(M)

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PETITIONER:

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NISA BEEVI, W/O.SHAJAHAN, NISA MANZIL,

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GANDHI NAGAR - 6, KOLLAM.

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BY ADV. SRI.D.AJITHKUMAR

SMT.LALIZA.T.Y.

RESPONDENTS:

THE SECRETARY, PARAVOOR S.N.V.REGIONAL CO-OPERATIVE BANK

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LTD.NO.1685, PARAVOOR P.O., KOLLAM.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

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ADV. SRI.B.SURESH KUMAR FOR R1 SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B. RADHAKRISHNAN, J.

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W.P.(C) NO.24487 OF 2008(M)

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----------------------------------------------Dated this the 21^st day of August, 2008

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J U D G M E N T

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The petitioner's mother availed a loan in

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connection with the petitioner's marriage. Petitioner had lost her father when she was two years old. After the marriage of the petitioner her mother became sick and died of cancer. The loan was not repaid in time and this led to the impugned recovery proceedings.

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When the matter came up for admission, having regard to the peculiar facts of the case, the learned counsel appearing for the bank was requested to ascertain whether the bank could extend some ameliorative benefits, even if one time settlement schemes are not enforced. He submits today that the Bank has considered the case of the petitioner as an exceptional one and has decided to waive the interest claimed and to demand only simple interest on the total principle outstandings, provided the petitioner pays

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W.P.(C) No.24487/2008

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such amount in a lump sum or otherwise to let the petitioner repay the outstandings in 24 instalments and in such event, the interest component as charged in terms of the contract will also have to be paid. The benevolence of the bank needs to be appreciated. It is for the petitioner to choose her option and place it before the first respondent, within a period of two weeks, so that if she adopts the first course she should be making the payment, within a further period of one month. With the aforesaid, this writ petition is ordered directing that the bank will act in terms of what is stated above. However, if the petitioner does not approach to avail such benefit, the bank will be at liberty to forthwith proceed with further recovery action. This writ petition ordered accordingly.

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THOTTATHIL B. RADHAKRISHNAN, JUDGE

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skr/22/8

Nisa Beevi v. the Secretary, Paravoor S.N.v.Regional

Case brief

What is this about?

What did the court decide?

Nisa Beevi v. the Secretary, Paravoor S.N.v.Regional

Case brief

What is this about?

What did the court decide?

What the court decided

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