Court directed Federal Bank to appropriate Rs.10 lakhs and grant petitioner two months to clear balance dues on a mortgaged flat, staying coercive action pending payment.
Bank to appropriate Rs.10 lakhs; petitioner given 2 months to clear balance; coercive action stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 17TH DAY OF SEPTEMBER 2012/26TH BHADRA 1934
WP(C).No. 18470 of 2012 (G)
PETITIONER:
MRS.RACHAEL GEORGE THOPPIL, AGED 55 YEARS W/O.GEORGE THOPPIL, RESIDING AT 4D, JAINS WOODFORD, YUVAJANA SAMAJ ROAD, KADAVANTHRA, KOCHI-682020.
BY ADVS.SRI.SREELAL N.WARRIER SRI.P.N.VIJAYAN NAIR SRI.K.J.ABRAHAM
RESPONDENT(S): --------------
1. THE FEDERAL BANK LIMITED, HEAD OFFICE, BANK ROAD, ALUVA.
2. AUTHORISED OFFICER, THE FEDERAL BANK LTD., FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM.
*** ADDL. R3 IS IMPLEADED**
Addl.3. ELIZABETH LAWRENCE, AGED 51 YEARS, D/O.T.V.LAWRENCE, VASTIN, 15, RUE DESBUSSONS, 1213, GENEVA, SWITZERLAND REPRESENTED BY HER POWER HOLDER MR.RAMESH BABU, 12/185-B1, FLAT NO.C2, PRIYAMADURI APARTMENTS, EROOR SOUTH, TRIPUNITHURA – 682306.
*** ADDL.R3 IS IMPLEADED AS PER ORDER DATED 21.08.2012 IN IA.NO.11513/2012 R2 BY ADV. SRI.A.ANTONY R2 BY ADV. SMT.LEELAMMA ANTONY**
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WP(C).No. 18470 of 2012 (G)
APPENDIX
PETITIONER(S) EXHIBITS & ANNEXURES:
| EXHIBIT P1: | TRUE COPY OF THE SALE AGREEMENT DT.16-11-2011 ENTERED INTO BETWEEN ELIZABETH LAWARANCE AND THE PETITIONER. |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE LETTER DATED 7-10-2011 ISSUED BY ELEZABETH LAWARANCE TO FEDERAL BANK AGREEING TO REPAY THE LOAN DUES. |
| EXHIBIT P3: | NOTICE DATED 27-17-2012 ISSUED BY THE COUNSEL FOR THE CREDITOR BANK INFORMING OF THE APPOINTMENT OF AN ADVOCATE COMMISSIONER BY THE COURT UNDER SEC.14 OF THE ACT AND ALSO PRESCRIBING A DATE FOR HANDING OVER POSSESSION. |
| ANNEXURE 1: | TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT FOR PAYMENT OF RS.5,00,000/- BY THE PETITIONER. |
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
AS
ANTONY DOMINIC, J.
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W.P.(C) NO.18470 OF 2012(G)
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Dated this the 17th day of September, 2012
J U D G M E N T
Heard the counsel for the petitioner and also the leaned Standing Counsel appearing for the respondent Bank.
WPC.No. 18470/2012
:2 :
two months time for the same.
i. Rs.10 lakhs remitted by the petitioner pursuant to the interim order passed by this court will be appropriated by the Bank towards the liability in respect of the flat in question.
ii. For settling the balance liability due to the Bank, petitioner be given 2 months time from today and that in the meanwhile coercive action if any against the property in question shall not be continued.
Iii. It is clarified that in the event of nonpayment as above, Bank will be free to continue the recovery action already initiated.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No. 18470/2012
:3 :
2 issues framed by the court
Whether the petitioner should be given time to settle the balance liability for the mortgaged flat.
Whether coercive action against the property should be stayed pending settlement of dues.
1 provisions across 1 enactments
MRS.RACHAEL GEORGE THOPPIL
THE FEDERAL BANK LIMITED
VAESTA LAWRENCE
ELIZABETH LAWRENCE
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
