Disposed

Jayadev.P.S. v. the Branch Manager, the Federal Bank Ltd.

Kerala HC10 Sept 2012WP(C)/17462/2012

Case brief

AI extract

What is this about?

In a writ petition arising from SARFAESI proceedings against a loan defaulter, the High Court of Kerala directed the bank to consider the petitioner's pending representation regarding interest waiver and installment facility without adjudicating the merits of the loan status. Dirction was issued for expedient consideration and communication.

What the court decided

AI extract

Jayadev.P.S. Vs the Branch Manager, the Federal Bank Ltd. — Banking and Recovery | Kerala HC (2012)

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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 ANTONY DOMINIC

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MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934

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WP(C).No. 17462 of 2012 (G)

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PETITIONER(S):

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JAYADEV.P.S., AGED 28 YEARS K.N. SASIDHARAN PRASANTHI HOUSE MAROTTICHODU KALADY P.O. ERNAKULAM DISTRICT

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BY ADV. SRI.KRISHNADAS P. NAIR

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RESPONDENT(S):

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1. THE BRANCH MANAGER,

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THE FEDERAL BANK LTD.

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K.V. VARKEY MEMORIAL BUILDING

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ANGAMALY -683 572

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2. THE AUTHORIZED OFFICER

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THE FEDERAL BANK LTD.

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K.V. VARKEY MEMORIAL BUILDING

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ANGAMALY - 683 572

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BY ADV. SMT.LEELAMMA ANTONY

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R2 BY ADV. SRI.A.ANTONY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 17462 of 2012 (G)

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APPENDIX

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PETITIONER(S) EXHIBITS :-

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EXHIBIT-P1. COPY OF THE LETTER DATED 19.06.2012 ISSUED BY THE RESPONDENT TO THE PETITIONER HAVING NO. ANG/SMS 194/12

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EXHIBIT-P2. COPY OF POSSESSION NOTICE ISSUED BY THE RESPONDENTS DATED 09.07.2012 HAVING NO. ANG/CJ/FVL 10027200002542

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EXHIBIT-P3. COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 17.07.2012 TO THE RESPONDENTS

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RESPONDENTS' EXHIBITS :- NIL

//TRUE COPY//

P.A. TO JUDGE

DCS

ANTONY DOMINIC, J.

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W.P.(C) NO.17462 OF 2012(G)

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Dated this the 10^th day of September, 2012

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J U D G M E N T

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Petitioner had availed of an education loan of Rs.3.5 lakhs from

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the respondent Bank. Though repayment commenced on 2007, default was committed and as a result SARFAESI proceedings have been initiated against the petitioner. At this stage, the petitioner made Ext.P3 representation requesting for the waiver of the interest that is sought to be recovered and also requested for an installment facility to discharge the liability. This representation is still pending. It is at this stage the writ petition is filed.

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I heard the counsel appearing for the Bank also in the matter. Since the petitioner is confining his prayer for a direction for the consideration of Ext.P3, I direct that the 2^nd respondent to conisder the same and pass roders thereon and commuknicate4 the same to the petitioner. This shall be done as expeditiously as possiblke on the production of a copy of this judgment.

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(ANTONY DOMINIC) JUDGE

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vi/

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WPC.No.

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:2 :

Jayadev.P.S. v. the Branch Manager, the Federal Bank Ltd.

Case brief

What is this about?

What the court decided

Jayadev.P.S. v. the Branch Manager, the Federal Bank Ltd.

Case brief

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