Disposed

M.Krishnadas v. the District Collector and Others

Kerala HC23 Mar 2010WP(C)/3640/2010

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging bank recovery proceedings. The petitioner agreed to deposit Rs. 35,000 on 31.03.2010 and balance by 30.04.2010. The court directed the bank to keep recovery proceedings in abeyance during this period.

What did the court decide?

Petitioner directed to deposit Rs. 35,000 by 31.03.2010 and balance by 30.04.2010. Recovery proceedings kept in abeyance.

M.Krishnadas Vs the District Collector and Others — Banking and Recovery | Kerala HC (2010)

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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 P.R.RAMACHANDRA MENON

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TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932

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WP(C).No. 3640 of 2010(D)

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

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PETITIONER:

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M.KRISHNADAS, AGED 41 YEARS, S/O.KESAVAN NAMBOODIRI, RESIDING AT MUTHUVANPURATH HOSUE, KAKOOR, KOZHIKODE.

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BY ADV. SRI.V.V.SURENDRAN

SRI.P.A.HARISH

RESPONDENTS:

THE DISTRICT COLLECTOR, KOZHIKODE.

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THE VILLAGE OFFICER, KAKOOR, KOZHIKODE.

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THE MANAGER, STATE BANK OF INDIA, BANK ROAD BRANCH, MANANCHIRA, CALICUT.

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R1 AND R2 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. R3 BY ADV. SRI.P.V.SURENDRANATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

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W.P.(C) No. 3640 OF 2010

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......................................................................... Dated this the 23^rd March , 2010

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J U D G M E N T

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The petitioner is challenging the steps taken by the respondent for realisation of the amount stated as due from

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the petitioner in respect of the loan availed from the third respondent Bank.

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The learned Counsel for the petitioner submits that the petitioner is ready and willing to satisfy the entire liability and that the only prayer is to give possible allowance /concessions on interest and other penal charges payable.

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The learned counsel for the third respondent submits that the total outstanding liability is Rs.90864/- and that the bank has decided to extent the maximum possible relief to the petitioner whereby 50% of the interest payable from 01.03.2008 has been decided to be given a go-bye, if the petitioner is ready to satisfy a sum of Rs. 65000/- on or before 31.03.2010.

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The learned Counsel for the petitioner submits that earnest arrangements are being taken to wipe out the entire

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W.P.(C) No. 3640 OF 2010

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liability and to prove his bonafides, 50% will be cleared on or before 31.03.2010 and that the petitioner might be permitted to to clear the balance within one month thereafter.

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Taking note of the circumstances, the petitioner is directed to deposit Rs.Thirty Five thousand on or before 31.03.2010 and the balance amount shall be cleared on or before 30.04.2010. Subject to the above all recovery procedings now being pursued against the petitioner shall be kept in abeyance. It is made clear that if any default is

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committed by the petitioner in effecting the installments as above, the respondent Bank will be at liberty to proced with further steps for realisation of the entire amount in a lump sum. It is also made clear that no further extension will be given under any circumstances.

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The Writ Petition is disposed of.

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P.R. RAMACHANDRA MENON, JUDGE.

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M.Krishnadas v. the District Collector and Others

Case brief

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M.Krishnadas v. the District Collector and Others

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