Dismissed

Beefathima v. Sale Officer

Kerala HC16 Oct 2009WP(C)/24550/2009

Case brief

AI extract

What is this about?

In this writ petition against a bank's coercive recovery proceedings, the petitioner, a defaulter, sought installment facilities. The High Court allowed the petition, directing the bank to accept installment payments and keeping further recovery proceedings in abeyance during compliance.

What did the court decide?

Petitioner directed to pay balance dues in six equal monthly installments; coercive recovery proceedings kept in abeyance pending compliance.

Beefathima Vs Sale Officer — Banking and Recovery | Kerala HC (2009)

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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 S.SIRI JAGAN

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FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931

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WP(C).No. 24550 of 2009(K)

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--------------------------

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PETITIONER(S):

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---------------

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BEEFATHIMA, W/O.ABOOBACKER, KALICHANADUKKAM, P.O.,KALICHANADUKKAM, NILESHWARAM VIA, KASARAGOD DISTRICT.

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BY ADV. SMT.P.K.PRIYA

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RESPONDENT(S):

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---------------

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1. SALE OFFICER, SENIOR INSPECTOR/SPECIAL SALE OFFICER, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, KANHANGAD P.O.KANHANGAD - 671 315, HOSDURG, KASARAGOD DISTRICT.

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2. THE SECRETARY, HOSDURG PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD, KANHANGAD P.O.KANHANGAD - 671 315, KASARAGOD DISTRICT.

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BY SR. GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM ADV. SRI.V.G.ARUN FOR R2 SRI.T.R.HARIKUMAR FOR R2

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 24550 of 2009(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 - THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT DT. 10.8.2009.

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EXT.P2 - THE TRUE COPY OF THE REPRESENTATION DATED 2.8.2009.

// TRUE COPY //

PA TO JUDGE

rhs

S. SIRI JAGAN, J

............................................... W.P(C) No. 24550 of 2009

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................................................. Dated this the 16^th day of October, 2009

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J U D G M E N T

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The petitioner is a defaulter in repayment of loan amounts due to the 2^nd respondent Co-operative Bank. The respondents have initiated coercive recovery proceedings, which are under challenge in this writ petition. The petitioner does not now dispute the liability to pay or the quantum. The petitioner seeks facility to pay off the amounts in installments.

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I have heard the counsel appearing for the 2^nd respondent, who opposes the same.

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At the time of admission, I had granted an interim stay for a month on condition that the petitioner pays Rs.25,000/within one month. I have granted one week's extension for payment also. It is now admitted that such amount has been paid. I am of opinion that the 2^nd respondent can show some more leniency to the petitioner to enable the petitioner to pay off the balance amounts in installments. Accordingly, the writ petition is disposed of with the following directions:

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W.P(C) No. 24550 of 2009

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-2-

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The petitioner shall pay the balance amounts due to the 2^nd respondent, in six equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments as directed above, further coercive proceedings for recovery shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the installments, it would be open to the respondents to continue as now initiated without having to issue any fresh notice or proceedings in that regard.

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S. SIRI JAGAN, JUDGE

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rhs

Beefathima v. Sale Officer

Case brief

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What did the court decide?

Beefathima v. Sale Officer

Case brief

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What did the court decide?

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