Single Judge of Kerala High Court allowed a writ petition filed by an educational loan defaulter, directing the bank to allow payment of the due amount in eight equal monthly installments, deferring coercive action upon compliance.
Petitioner directed to pay dues in 8 equal monthly installments; coercive action deferred barring default.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934
WP(C).No. 22831 of 2012 (D)
PETITIONER:
JITHIN V.S. S/O.VIJAYAN .S., RETREAT, MUNDAKKAL EAST, KOLLAM - 691 001.
BY ADVS.SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, SRI.I.J.AUGUSTINE, SRI.SWATHY DAS, SRI.SEBIN THOMAS, SRI.P.E.SAJAL.
RESPONDENTS:
1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM - 691 002.
2. CHIEF MANAGER, INDIAN BANK, POLAYATHODE BRANCH -1059, MC NO X-1160, VIJAYAJYOTHI BUILDINGS, POLAYATHODE JUNCTION, KOLLAM P.O - 691 001.
3. THE DEPUTY THASILDAR, KOLLAM (R.R), REVENUE RECOVERY OFFICE, KOLLAM - 691 002.
4. VILLAGE OFFICER, MUNDAKKAL, MUNDAKKAL VILLAGE OFFICE, KOLLAM - 691 001.
R1, R3 & R4 BY SR.GOVERNMENT PLEADER SMT. P.A. REZIYA, R2 BY ADV. SRI.S.EASWARAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C).NO.22831/2012-D:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE NOTICE OF DEMAND DTD. 24/07/2012.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE.
Prv.
W.P.(C) NO.22831 OF 2012(D)
ANTONY DOMINIC, J.
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Dated this the 9th day of October, 2012
J U D G M E N T
In May, 2007 petitioner availed of an educational loan of Rs.3.75 lakhs from the respondent Bank. Default was committed and according to the Bank as on 5.10.2012, the amount due from the petitioner is Rs.6,41,354/-. On account of the non-payments of the dues, at the instance of the Bank, revenue recovery proceedings were initiated and accordingly Ext.P1 notice was issued. It is at this stage the writ petition is filed for a direction to allow the petitioner to pay the disputed amount in easy installments.
WPC.No. 22831/2012
:2 :
shall be paid on or before 30.10.2012 and the subsequent installments shall be paid on or before the last working day of every succeeding month. Subject to payment as above without default, coercive action shall be deferred and in case of default Bank will be free to continue the proceedings already initiated.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No. 22831/2012
:3 :
1 issue framed by the court
Whether a defaulter educational loan petitioner can be granted an installment facility to discharge liability instead of coercive recovery?
Jithin V.S. S/O.Vijayan .S.
The District Collector, Collectorate, Kollam
Chief Manager, Indian Bank, Polayathode Branch
The Deputy Thasildar, Kollam (R.R)
Village Officer, Mundakkal
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
