Disposed

Kelan v. the South Malabar Gramin Bank

Kerala HC11 Nov 2013WP(C)/23117/2013

Case brief

AI extract

What is this about?

This writ petition challenged a bank's demand notice for loan dues. The court held that factual disputes regarding liability and accounting cannot be examined in Article 226 proceedings and directed the petitioner to approach the Civil Court.

What did the court decide?

Revenue recovery proceedings kept in abeyance pending Civil Court suit; petitioner directed to deposit Rs. 25,000 to prevent resumption.

Kelan Vs the South Malabar Gramin Bank — Banking and Recovery | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935

¶5

WP(C).No. 23117 of 2013 (L)

¶6

PETITIONER(S):

¶7

KELAN, SON OF KANARAKKUTTY, VARIYATH HOUSE, PAYAMBRA P.O. KOZHIKODE TALUK, KOZHIKODE DISTRICT.

¶8

BY ADV. SRI.R.RAJESH KORMATH

¶9

RESPONDENT(S):

¶10

1. THE SOUTH MALABAR GRAMIN BANK KURUVATTUR BRANCH, REPRESENTED BY ITS MANAGER PAYAMBRA P.O., KOZHIKODE DISTRICT, PIN - 673 571.

¶11

2. THE DISTRICT COLLECTOR, KOZHIKODE, KOZHIKODE P.O., KOZHIKODE DISTRICT PIN 673 001.

¶12

3. THE SPECIAL DEPUTY TAHSILDAR, ARREARS COLLECTION, REVENUE RECOVERY, KOZHIKODE KOZHIKODE P.O., KOZHIKODE DISTRICT, PIN 673 001.

¶13

4. THE VILLAGE OFFICER, KURUVATTUR VILLAGE, VILLAGE OFFICE, KURUVATTUR PAYAMBRA P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT PIN 673 571.

¶14

R1 BY ADV. SRI.T.R.RAVI, SC, SOUTH MALABAR GRAMIN BANK R2 TO R4 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

DCS

¶17

WP(C).No. 23117 of 2013 (L)

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

EXHIBIT P1: COPY OF THE PASS-BOOK DATED 18/11/2006 ISSUED TO THE PETITIONER.

¶21

EXHIBIT P2: COPY OF THE LAWYER NOTICE DATED 31/10/2012. EXHIBIT P3: COPY OF THE LAWYER NOTICE DATED 16/11/2012.

¶22

EXHIBIT P4: COPY OF THE DEMAND NOTICE DATED 31/05/2013, ISSUED TO THE PETITIONER.

¶23

EXHIBIT P5: COPY OF THE STATEMENT OF ACCOUNTS OF THE LOAN, ISSUED TO THE PETITIONER.

¶24

RESPONDENT'S EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V.CHITAMBARESH,J.

¶29

-------------------------------

¶30

W.P.(C) No.23117 of 2013

¶31

--------------------------------------- Dated this the 11^th day of November, 2013

¶32

A sum of Rs. 98,285/- has been demanded in Ext. P4 notice issued to the petitioner at the instance of the first respondent bank. The petitioner seriously disputes the extent of liability and inter alia contends that several of his payments have not been given credit to. Even the amount advanced at the first instance by the first respondent bank is seriously questioned by the petitioner in this writ petition.

¶33

Such a factual adjudication cannot be done in proceedings under Article 226 of the Constitution of India. The remedy if any of the petitioner is to move the Civil Court for accounting and seek injunctive reliefs against revenue recovery proceedings.

¶34

The petitioner has admittedly remitted a sum of Rs. 25,000/- towards the dues pursuant to the interim order dated 12.09.2013 in this writ petition. A further sum of Rs. 25,000/- shall be deposited with the first respondent bank on or before 10.12.2013 for halting the revenue recovery proceedings. The revenue recovery proceedings shall be kept in abeyance till 31.12.2013 to enable the petitioner to move

¶35

W.P.(C) No.23117 of 2013 2

¶36

the Civil Court and work out his remedy. The revenue recovery proceedings initiated by Ext. P4 notice shall surge ahead if the petitioner commits default in the further payment of Rs. 25,000/- as directed above.

¶37

The writ petition is disposed of.

¶38

SD/-

¶39

V.CHITAMBARESH JUDGE

¶40

DCS

Kelan v. the South Malabar Gramin Bank

Case brief

What is this about?

What did the court decide?

Kelan v. the South Malabar Gramin Bank

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

Kerala State Road Transport Corporation Vs R.K.Santhosh Kumar

M. Malathi Vs the Special Tahsildar (La)

V.P.Chandra Bose Vs Executive Engineer

G. Rajeevan Vs Thahsildar, Karunagapally

Lince Thomas Vs the Commercial Tax Inspector

Deepa Vs the State Bank of Travancore