Allowed

Saji P.Mathew v. the Manager State Bank of Mysore

Kerala HC2 Jun 2011WP(C)/4836/2011

Case brief

AI extract

What is this about?

This writ petition involved a bank customer who approached the High Court for relief against coercive proceedings related to a loan with a security interest. The court disposed of the petition by allowing the petitioner six months to clear the liability.

What did the court decide?

Granted a period of six months to the petitioner to clear the entire outstanding liability and kept coercive proceedings in abeyance.

Saji P.Mathew Vs the Manager State Bank of… — Contract and Commercial Disputes | Kerala HC (2011)

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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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THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933

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WP(C).No. 4836 of 2011(D)

PETITIONER(S):

SAJI P.MATHEW, AGED 48 YEARS, S/O.P.T.MATHEW, PROPRIETOR, M/S.PEETEEYEM TRADERS, CSI SHOPPING CENTRE, KANJIKUZHY, KOTTAYAM.

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BY ADV. SRI.C.P.PEETHAMBARAN

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RESPONDENT(S):

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THE MANAGER, STATE BANK OF MYSORE, KOTTAYAM BRANCH, VEETEEL ESTATE, KANJIKUZHY, P.O.MUTTAMBALAM, KOTTAYAM - 686004.

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ADV. SMT.A.SREEKALA SRI.RAJEEV.P.NAIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4836 of 2011

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APPENDIX

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EXHIBITS

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EXT.P1TRUE COPY OF THE STATEMENT ISSUED BY THE BANK

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EXT.P2TRUE COPY OF THE CERTIFICATE ISSUED BY DR. JOSE CHACKO, CARDIOLOGIST, S.H.MEDICAL CENTRE, KOTTAYAM

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EXT.P3TRUE COPY OF THE LETTER DATED 7.1.2011 ISSUED BY THE RESPONDENT

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EXT.P4TRUE COPY OF THE REPRESENTATION DATED 9.2.11 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

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ADDL. EXT.P5TRUE COPY OF NOTICE DATED 23.3.11 ISSUED BY THE RESPONDENT OF THE 5TH RESPONDENT

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ADDL.EXT.P6TRUE COPY OF THE REPLY DATED 31.3.11 GIVEN BY THE PETITIONER TO THE RESPONDENT

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ADDL.EXT.P7TRUE COPY OF STATEMENT SHOWING THE REMITTANCE ISSUED BY THE BANK OF THE 5TH RESPONDENT

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ADDL.EXT.P8TRUE COPY OF THE POSSESSION NOTICE DATED NIL ISSUED BY THE BANK

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(TRUE COPY)

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P.A TO JUDGE

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P.R.RAMACHANDRA MENON, J

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W.P.(C).4836/2011

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Dated this the 2^nd day of June, 2011

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JUDGMENT

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Petitioner has approached this Court seeking for a direction to be given to the respondent to consider and dispose of Ext.P4 representation before taking any further coercive steps, in connection with the loan availed by the petitioner creating security interest over the property in question.

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The learned counsel for the petitioner submits that after filing the writ petition, there was some subsequent turn of events. It is stated that the petitioner has satisfied a substantial portion of the liability and an I.A has been filed as 'I.A.No.8066/2011' with the following prayer.

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“For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Honourable Court may be pleased to pass an order, granting 6 months' time to clear the liability as requested in additional Ext.P6, or in the alternative, to grant instalments as prayed in the writ petition, considering the payment made as seen in additional Ext.P7 so as to secure the ends of justice.”

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W.P.(C).4836/11

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Learned counsel appearing for the Bank submits that, taking a lenient view, the Bank does have no objection in granting a total period of 'six months' to the petitioner, to clear the entire outstanding liability, provided the commitment is honoured and no default is made in this regard.

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After hearing both the sides, the writ petition is disposed of granting a period of 'six months' to the petitioner to clear the entire outstanding liability. The coercive proceedings, if any, shall be kept in abeyance till such time. It is made clear that if any default is committed in satisfying the liability as assured by the petitioner, it will be open to the respondent to pursue further steps for realization of the entire amount in lump sum.

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P.R.RAMACHANDRA MENON, Judge

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mrcs

Saji P.Mathew v. the Manager State Bank of Mysore

Case brief

What is this about?

What did the court decide?

Saji P.Mathew v. the Manager State Bank of Mysore

Case brief

What is this about?

What did the court decide?

What the court decided

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