Allowed

Tinto P.P. v. State Bank of India

Kerala HC12 Feb 2013WP(C)/2883/2013

Case brief

AI extract

What is this about?

In a writ petition challenging revenue recovery proceedings for a defaulted education loan, the court granted an instalment facility to the borrower and guarantor. The petitioners faced recovery measures but disputed only the mode of payment. The High Court directed payment in 12 monthly instalments, stayed the recovery action, and reserved the right to resume proceedings upon default.

What did the court decide?

The petitioners are directed to pay the due amount to the Bank in 12 equal monthly instalments, with recovery proceedings stayed subject to this payment schedule.

Tinto P.P. Vs State Bank of India — Banking and Recovery | Kerala HC (2013)

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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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TUESDAY, THE 12TH DAY OF FEBRUARY 2013/23RD MAGHA 1934

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WP(C).No. 2883 of 2013 (I)

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PETITIONER(S):

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1. TINTO P.P. AGED 25 YEARS S/O.PAULY, POZHOLIPARAMBIL HOUSE, PULLUR P.O. THRISSUR.

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2. OMANA PAULY W/O.PAUL, POZHOLIPARAMBIL HOUSE, PULLUR P.O. THRISSUR.

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BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA

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RESPONDENT(S):

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1. STATE BANK OF INDIA, REP. BY ITS BRANCH MANAGER, IRINJALAKUDA BRANCH IRINJALAKUDA P.O., THRISSUR, PIN 680 121.

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2. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR, PIN 680 003.

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3. DEPUTY TAHSILDAR (RR) MUKUNDAPURAM TALUK, THRISSUR, PIN 680 121.

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4. VILLAGE OFFICER, PULLUR VILLAGE, P.O.PULLUR, THRISSUR DIST.PIN 680 683.

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BY ADV. SRI.M.JITHESH MENON R1 BY SRI.ARUN ANTONY GOVERNMENT PLEADER SRI.GEORGE JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.2883/13

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF THE AGREEMENT FOR TERM LOAN FOR SBI EDUCATION LOAN SCHEME.

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EXT.P2: TRUE COPY OF THE ATTACHMENT PETITION I.A.NO.3635/2012 IN O.S.NO.663/2012 FILED BEFORE THE SUB COURT, IRINJALAKUDA.

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EXT.P3: TRUE COPY FO THE REVENUE RECOVERY NOTICE ISSUED BY the 2ND RESPONDENT AGAINST THE PETITIONERS DATED 27/7/2012.

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EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 22/10/2012 FILED BY THE 1ST PETITIONER.

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ W.P.(C) NO. 2883 OF 2013

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

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Dated this the 12^th day of February, 2013

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J U D G M E N T

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The first petitioner is the borrower and the second petitioner is the guarantor of an education loan availed from the 1^st respondent Bank. On account of the default committed, the Bank advised the matter for revenue recovery. Accordingly, Ext.P3 notice under Section 7 of the Revenue Recovery Act was issued. Thereupon the petitioner filed Ext.P4 representation before the Bank seeking for an instalment facility to pay the amount due. Inspite of the representation, the recovery proceedings continued and in such circumstances, the writ petition is filed.

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In the writ petition, petitioners are not disputing the liability. On the other hand, what they seek is only an instalment facility to discharge the amount that is due. Taking note of the above, I am inclined to allow the petitioners to pay the amounts that are due to the Bank in instalments.

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Accordingly, I dispose of this writ petition directing that the petitioners shall pay the amount due to the Bank in 12 equal monthly instalments. The first instalment shall be paid on or

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WPC.No.2883/13

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:2 :

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before 28/2/13 and the subsequent instalments shall be paid on or before the last working day of every succeeding month. Subject to payment as above, recovery proceedings will stand stayed and in case of default, Bank will be free to continue the recovery action already initiated.

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ANTONY DOMINIC, JUDGE

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Tinto P.P. v. State Bank of India

Case brief

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Tinto P.P. v. State Bank of India

Case brief

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