Disposed

C.Sebastian v. the Kerala State Co-Operative Bank Ltd.

Kerala HC18 Oct 2012WP(C)/8290/2012

Case brief

AI extract

What is this about?

In this writ petition, petitioners contested liability details with the bank. The Court held that disputes regarding the exact extent of liability are not fit for resolution under Article 226 and remitted the matter to the Debt Recovery Tribunal, while directing the bank to provide an updated statement of affairs. (31 words)

What did the court decide?

Directed the 3rd respondent to issue a statement of affairs indicating the exact liability within two weeks of producing a copy of this judgment.

C.Sebastian Vs the Kerala State Co-Operative 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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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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WP(C).No. 8290 of 2012 (I)

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PETITIONER(S):

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1. C.SEBASTIAN, AGED 66 YEARS JOYS, THAZHAM SOUTH, CHATHANNOOR P.O. KOLLAM - 691 572.

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2. V.GOPALAKRISHNAN KARMALA BHAVAN, THAZHAM SOUTH CHATHANNOOR P.OKOLLAM - 691 572.

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BY ADV. SRI.B.SURESH KUMAR

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RESPONDENT(S):

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1. THE KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY ITS MANAGING DIRECTOR STATE CO-OPRATIVE BANK BUILDING, HEAD OFFICE FORT P.O., THIRUVANANTHAPURAM - 695 001.

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2. THE AUTHORISED OFFICER (REGIONAL MANAGER)KERALA STATE CO-OPERATVE BANK LTD STATE CO-OPERATIVE BANK BUILDING, HEAD OFFICE FORT P.O., THIRUVANANTHAPURAM - 695 001.

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3. THE SENIOR MANAGER KERALA STATE CO-OPERATIVE BANK LTDANANDAVELLEESWARAM KOLLAM - 691 013.

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4. THE KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR,JALA BHAVAN VELLAYAMBALAM,THIRUVANANTHAPURAM - 695 033.

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5. THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY PH CIRCLE, THIRUVANANTHAPURAM - 695 033.

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R1 TO 3 BY ADV. SRI.K.RAVIKUMAR, SC, KERALA STATE COOPERATIVE BANK LTD. R4,R5 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 8290/12

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P-1	A TRUE COPY OF THE LETTER DATED 18/8/2000 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT.
EXT.P-2	A TRUE COPY OF THE CERTIFICATE DATED 16/5/2008 ISSUED BY THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY.
EXT.P-3	A TRUE COPY OF THE NOTICE DATED 20.11.2004 ISSUED TO THE 1ST PETITIONER BY THE AUTHORISED OFFICER OF THE BANK.
EXT.P-4	A TRUE COPY OF THE NOTICE DATED 12/4/2008 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.
EXT.P-5	A TRUE COPY OF THE JUDGEMENT DATED 14.10.2008 IN WPC NO. 15230/2008 PASSED BY THIS HON'BLE COURT.
EXT.P-6	A TRUE COPY OF THE JUDGEMENT DATED 6.1.2010 IN CON.CASE © NO.1036/2009 PASSED BY THIS HON'BLE COURT.
EXT.P-7	A TRUE COPY OF THE REPRESENTATION DATED 3.6.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENTS.
EXT.P-8	A TRUE COPY OF THE REPRESENTATION DATED 6.6.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENTS.
EXT.P-9	A TRUE COPY OF THE JUDGEMENT DATED 20.6.2011 IN WPC NO. 15876/2011 PASSED BY THIS HON'BLE COURT.
EXT.P-10	A TRUE COPY OF THE REPRESENTATION DATED 23.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE GENERAL MANAGER, NABARD.
EXT.P-11	A TRUE COPY OF THE LETTER DATED 15.10.2011 ISSUED TO THE 1ST PETITIONER BY THE BANK.
EXT.P-12	A TRUE COPY OF THE LETTER DATED 09.03.2012 ISSUED TO THE PETITIONER BY THE BANK.
EXT.P-13	A TRUE COPY OF THE BANK'S LETTER NO.KLM-BR/65/1613/2001-2002 DT 2/8/2001 ISSUED TO the 1ST PETITIONER.
EXT.P-14	A TRUE COPY OF THE BANK'S LETTER KLM- BR/SEC.OD.1564/4647/2001-2002 DATED 6//3/2002 ISSUED TO THE 1ST PETITIONER.
EXT.P-15	A TRUE COPY OF THE RECEIPT DATED 31/3/2012 EVIDENCING PAYMENT OF RS.28 LAKHS ON 31/3/2012.
EXT.P-16	A TRUE COPY OF THE BANK'S LETER OTS/SEC.OD.1564/06-07/DATED 1/8/2006 ISSUED TO THE 1ST PETITIONER.

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WP(C) No. 8290/12

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-2-

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EXT.P-17	A TRUE COPY OF THE BANK'S LETTER OTS/SEC.OD.1564/07-08/5103 DT 26/10/2007 ISSUED TO THE 1ST PETITIONER.
EXT.P-18	A TRUE COPY OF THE BANK'S LETTER CRM-OTS-C/140/KLM BR/3779/2001-2012 DATED 26/12/2011 ISSUED TO VASANTHA.
EXT.P-19	TRUE COPY OF the LETTER DATED 23.8.2000 APPROVING HE POWER OF ATTORNEY EXECUTED BY THE 1ST PETITIONER INF AVOUR OF THE MANAGER, KERALA STATE COOPERATIVE BANK LTD., KOLLAM BRANCH.
EXT.P-20	A TRUECOPY OF THE INTERIM ORDER DT 3.5.2005 PASSED BY THIS HON'BLE COURT IN WP(C) No. 13088/2005.
EXT.P-21	A TRUE COPY OF THE ACKNOWLEDGEMENT DT 5.4.2007 ISSUED TO THE 1ST PETITIONER.
EXT.P-22	A TRUE COPY OF THE ACKNOWLEDGEMENT DT 23.3.2007 ISSUED TO THE 1ST PETITIONER.
EXTS. OF R1
EXT.R1:	CERTIFIED COPY OF STATEMENT OF ACCOUNTS OF THE 1ST PETITIONER ISSUED BY KERALA STATE CO-OPERATIVE BANK LTD., KOLLAM BRANCH
EXTS.OF R4
EXT.R4(a):	TRUE COPY OF the LETTER NO.DB3-144/97/VOL-II/WSD/ATL/KWA DTD.10.4.12.
EXT.R4(b):	TRUE COPY OF THE LETTER NO.PHDN-T/DB5-432/2000 DATED 27.3.2009.
EXT.R4(c):	TRUE COPYOF the VOUCHER DATED 14.9.2009.
EXT.R4(d):	TRUE COPY OF THE VOUCHER DATED 24.6.2010.

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ W.P.(C) NO. 8290 OF 2012

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===================

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Dated this the 18^th day of October, 2012

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J U D G M E N T

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The first petitioner has availed of a loan from the 1^st respondent Bank and the second petitioner, his father, is the guarantor. The loan was availed of on 18/8/2000 and the principal amount is `25,00,000/-. According to the petitioners, the loan was availed of for executing a work of the Kerala Water Authority. It appears that on account of the defaults committed, the account was classified as NPA on 17/8/2001. In the meanwhile, on account of the SARFAESI proceedings, the writ petition was filed.

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Now as far as the present factual situation is concerned, referring to Ext.R1 produced by the Bank along with the statement dated 24^th of May, 2012, while the petitioners contend that as on 31/3/2012, the liability was nil, the Bank contends that the liability was more than `1.14 crores. Be that as it may, a dispute regarding the actual extent of the liability is not a matter, which is capable of resolution in a proceedings under Article 226 of the Constitution of India and the remedy, if any, that of the petitioners is only before the Debts Recovery Tribunal.

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WPC.No.8290/12

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:2 :

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In order to enable the petitioners to effectively agitate their claims before the Debts Recovery Tribunal, counsel requests that they should be given an upto date statement indicating the liability that is due.

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Taking note of this submission, I dispose of this writ petition directing that, on the production of a copy of this judgment and within two weeks thereafter, the 3^rd respondent will issue to the petitioners a statement of affairs indicting their exact liability.

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ANTONY DOMINIC, JUDGE

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C.Sebastian v. the Kerala State Co-Operative Bank Ltd.

Case brief

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C.Sebastian v. the Kerala State Co-Operative Bank Ltd.

Case brief

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