Allowed

Dr.Sujatha Rani v. the Federal Bank Ltd.Rep.by the Chief Ma

Kerala HC5 Aug 2011WA/1148/2011

Case brief

AI extract

What is this about?

In a writ appeal against a lower court judgment directing immediate recovery, this High Court allowed the appeal. The court accepted the appellant's undertaking to pay arrears in four equal monthly instalments and quashed the recovery direction, granting a four-month moratorium subject to default consequences.

What did the court decide?

Recovery proceedings kept in abeyance for four months on condition that arrears be cleared in four equal monthly instalments; bank may sell property in case of default.

Dr.Sujatha Rani Vs the Federal Bank Ltd.Rep.by the Chief… — Specific Performance | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR &

¶4

THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933

¶5

WA.No. 1148 of 2011()

¶6

--------------------AGAINST THE JUDGEMENT IN WPC.11626/2011 Dated 07/07/2011

¶7

APPELLANT/ PETITIONER

¶8

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

¶9

DR.SUJATHA RANI, D/O.RAMALINGAM NADAR, DREAMLAND, THALIYAL, KARAMANA P.O., THIRUVANANTHAPURAM.

¶10

BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H.

¶11

RESPONDENTS:

¶12

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

¶13

1. THE FEDERAL BANK LTD., NANTHANCODE BRANCH, D.B.JUNCTION, KOWDIYAR POST, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS CHIEF MANAGER.

¶14

2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL, (KERALA & LAKSHADWEEP), 8TH FLOOR, K.S.H.B. BUILDING, PANAMPILLY NAGAR, COCHIN-682 036.

¶15

SRI.A.ANTONY FOR RESPONDENT

¶16

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

W.A.No.1148/2011

¶18

APPENDIX

¶19

ANNEXURE-1: COPY OF THE INTERIM ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.(C) NO.11626/2011 DT.11.4.2011.

¶20

ANNEXURE-2: COPY OF THE INTERIM ORDER DT.27.5.2011 IN I.A.NO.7714/2011 IN W.P.(C) NO.11626/2011 PASSED BY THE LEARNED SINGLE JUDGE.

¶21

//TRUE COPY//

¶22

PA TO JUDGE

¶23

C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.

¶24

W.A.No.1148 OF 2011

¶25

Dated this the 5^th day of August, 2011

¶26

J U D G M E N T

¶27

~~~~~~~~~~~

¶28

C.N.Ramachandran Nair, J.

¶29

Heard the learned counsel for the appellant and the standing counsel appearing for the respondent bank. The arrears claimed by the bank based on DRT award is not under challenge. The counsel for the appellant submitted that already Rs.5 lakhs is remitted pursuant to the interim order of this Court and the balance is around Rs.10 lakhs. Eventhough the standing counsel for the Bank submitted that time is required for taking instructions, we do not think there is any need to keep this matter pending because the appellant has undertaken to clear the arrears in four equal monthly instalments. We do not think the bank can have any serious objection against granting the time requested for settling liability by the appellant. We accordingly allow the Writ Appeal by vacating the judgment of the learned Single Judge and dispose of the W.P.(C) directing the respondents to keep in abeyance the

¶30

W.A.No.1148/2011

¶31

¶32

recovery proceedings for a period of four months on condition of appellant clearing the arrears in four equal monthly instalments. First instalment will be paid on or before 31^st of this month and balance on or before the last day of the following three months. However, in the event of default in payment of any of the instalments, the bank is free to sell the property.

¶33

(C.N.RAMACHANDRAN NAIR, JUDGE)

¶34

( P.S.GOPINATHAN, JUDGE)

¶35

ps/6/8

Dr.Sujatha Rani v. the Federal Bank Ltd.Rep.by the Chief Ma

Case brief

What is this about?

What did the court decide?

Dr.Sujatha Rani v. the Federal Bank Ltd.Rep.by the Chief Ma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jagratha Samithi Vs Joseph

M.Abin Suraj Vs Dr.P.P.Mohammed

The Administrator,Utl and Another Vs Sajitha Beegum and Another

United India Insurance Co. Ltd. and Othe Vs Babu Thomas

M/S.Tmt Granites (P) Ltd. Vs the Agricultural Income Tax

Adv.Suresh Babu.P.K. Vs Circle Inspector of Excise and Others