Disposed

Vijayakumar v. Authorized Officer

Kerala HC11 Oct 2012RP/903/2012

Case brief

AI extract

What is this about?

This review petition sought to modify payment terms of a debt liability. The Court extended the installment period from ten to fifteen monthly installments, allowing the petitioners more time to clear the outstanding dues by adjusting deadlines for future payments.

What did the court decide?

The outstanding liability shall be cleared by way of 15 installments, the first on or before 30.10.2012, with liberty to proceed with further steps in case of default.

Vijayakumar Vs Authorized Officer — Banking and Recovery | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934

¶5

RP.No. 903 of 2012 (L)

¶6

AGAINST THE ORDER/JUDGMENT IN WPC.16115/2012 DATED 10-07-2012.

¶7

REVIEW PETITIONER/PETITIONER:

¶8

1. V.G. VIJAYAKUMAR, S/O.GANGADHARAN,

¶9

AGED 46 YEARS, SOWPARNIKA, K.P.19/677,

¶10

M.N.W.F. LANE, ERAPPUKUZHY, KUDAPPANAKUNNU,

¶11

PEROORKADA P.O., THIRUVANANTHAPURAM-695 005.

¶12

2. T.V. AJITHA KUMARI, W/O.V.G.VIJAYAKUMAR,

¶13

AGED 46 YEARS, SOWPARNIKA, K.P.19/677,

¶14

M.N.W.F. LANE, ERAPPUKUZHY, KUDAPPANAKUNNU,

¶15

PEROORKADA P.O., THIRUVANANTHAPURAM-695 005.

¶16

BY ADVS. SRI.DIJO SEBASTIAN, SRI.B.HARIDAS.

¶17

RESPONDENTS/RESPONDENTS:

¶18

1. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, CHILD WELFARE COMPLEX, L.M.S. COMPOUND, PALAYAM,

¶19

THIRUVANANTHAPURAM-695 001.

¶20

2. STATE BANK OF INDIA,

¶21

REPRESENTED BY THE BRANCH MANAGER,

¶22

STATUE BRANCH, THIRUVANANTHAPURAM-695 001.

¶23

3. STATE BANK OF INDIA,

¶24

REPRESENTED BY THE BRANCH MANAGER,

¶25

L.M.S. COMPOUND BRANCH,

¶26

THIRUVANANTHAPURAM-695 001.

¶27

BY ADV. MR.P.V. SURENDRANATH, SC, SBI.

¶28

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶29

rs.

¶30

RP.No. 903 of 2012 (L)

¶31

APPENDIX

¶32

PETITIONER'S ANNEXURES:-

¶33

ANNEXURES I	COPY OF THE JUDGMENT DATED 10/07/2012 OF JUSTICE P.R. RAMACHANDRA MENON IN W.P.(C)NO. 16115/2012.
ANNEXURE II	COPY OF THE RECEIPT OF PAYMENT DATED 31/07/2012 AND 16/08/2012 MADE BY THE PETITIONERS TO THE RESPONDENTS.

¶34

ANNEXURE III	COPY OF THE RECEIPT PAYMENT DATED 08/09/2012 MADE BY THE PETITIONERS TO THE RESPONDENTS.
ANNEXURE IV	COPY OF THE ADVICE MEMO DATED 13/07/2012 ISSUED FROM THE CARDIAC DEPARTMENT OF SUT GROUP OF HOSPITAL TO THE PETITIONERS.
ANNEXURE V	COPY OF THE CERTIFICATE DATED 06/08/2012 ISSUED BY THE MUSLIM ASSOCIATION COLLEGE OF ENGINEERING TO PETITIONERS.

¶35

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.R. RAMACHANDRA MENON, J.

¶40

R.P. No. 903 OF 2012

¶41

......................................................................... Dated this the 11^th October, 2012

¶42

O R D E R

¶43

The writ petition was disposed of as per the judgment dated 10.07.2012, permitting the petitioners to clear the liability in a phased manner by way of '10' Equal Monthly Installments, the first of which was to be effected on or before 30.07.2012, followed by similar installments to be effected on or before the 30^th of the succeeding months, subject to which recovery proceedings were ordered to be kept in abeyance. The petitioners have come up with this Review Petition seeking to vary the terms of payment, referring to various ailments of the first petitioner and such other compelling circumstances, in connection with the studies pursued by the daughter of the petitioners.

¶44

The learned Counsel for the petitioners submits that

¶45

¶46

R.P. No. 903 OF 2012

¶47

the petitioners have already satisfied two monthly installments, but in the meanwhile, the funds arranged had to be diverted to meet the requirements in connection with the treatment of the first petitioner and the studies of their daughter. Reliance is sought to be placed on Annexures IV and V in this regard. Annexure IV is a communication dated 13.07.2012 issued by the authorities of the SUT Group of Hospitals, certifying that the first petitioner has been advised for coronary angiography, for which a sum of Rs.2 lakhs is stated as necessary. Annexure V refers to the expenditure in connection with the studies of their daughter.

¶48

After considering the particular facts and circumstances, projected by the petitioners and also after hearing the learned Counsel for the respondent Bank, this Court finds that no serious prejudice will be resulted to the Bank, if the petitioners are permitted to liquidate the liability by modifying the number of installments. In the said circumstance, it is ordered that the outstanding liability shall be cleared by way of '15' installments, the first one shall be cleared on or before 30.10.2012 followed

¶49

¶50

R.P. No. 903 OF 2012

¶51

by similar installments to be effected on or before the 30^th of the succeeding months. It is made clear that if any default is committed by the petitioners in effecting the installments as above, the respondent Bank will be at liberty to proceed with further steps for realisation of the amount in a lump, from the stage where it stands now.

¶52

The Review Petition is disposed of.

¶53

P.R. RAMACHANDRA MENON, JUDGE.

¶54

Vijayakumar v. Authorized Officer

Case brief

What is this about?

What did the court decide?

Vijayakumar v. Authorized Officer

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

M.S.Sameesha Vs the State of Kerala

K.a.Girija Vs State of Kerala

Corpus Christi Educational Society Vs Union of India

The Manager,K.R.G.P.M.H.S.S.,Odanavattom Vs State of Kerala & 3 Others

Cicy.C.Augustine Vs State of Kerala

Vinukumar.P.v Vs Director General