Allowed

V.B.Rajkumar v. State of Kerala

Kerala HC5 Apr 2013WP(C)/4444/2013

Case brief

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What is this about?

High Court admitted writ petition seeking loan regularisation from bank. Directing payment of defaulted dues via instalments, Court ordered loan regularisation and stayed further proceedings pending compliance with directions.

What did the court decide?

To pay defaulted dues in three equal monthly instalments plus current EMI; loans to be regularised upon compliance and further proceedings against petitioners kept in abeyance.

V.B.Rajkumar Vs State of Kerala — Contract and Commercial Disputes | 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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FRIDAY, THE 5TH DAY OF APRIL 2013/15TH CHAITHRA 1935

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WP(C).No. 4444 of 2013 (E)

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

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PETITIONER(S):

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1. V.B.RAJKUMAR, S/O LATE BHASKARAN NAIR, VIJAYABHAVAN, VECHOOR P.O. IDAYAZHM, VAIKOM-686 144.

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2. SANDHYA RAJKUMAR, W/O RAJKUMAR, VIJAYABHAVAN, VECHOOR P.O. IDAYAZHAM, VAIKOM-686 144.

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BY ADV. SRI.P.C.HARIDAS

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RESPONDENT(S):

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1. STATE OF KERALA,

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REPRESENED BY ITS SECRETARY TO THE CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM.

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3. THE VAIKOM URBAN CO-OPERATIVE BANK LTD.NO.1193, VAIKOM P.O.

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VAIKOM-686 141 REPRESENTED BY IS GENERAL MANAGER.

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4. THE AUTHORIZED OFFICER,

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THE VAIKOM URBAN CO-OPERATIVE BANK LTD.NO.1193

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VAIKOM P.O., VAIKOM-686 141.

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R1 & R2 BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA

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R4 BY ADV. SRI.J.JULIAN XAVIER

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R4 BY ADV. SRI.FIROZ K.ROBIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) 4444/2013

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPIES OF RECEIPTS.

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EXHIBIT P2: TRUE COPY OF NOTICE DATED 14.9.20123 ISSUED TO THE 1ST PETITIONER. EXHIBIT P3: TRUE COPY OF NOTICE DATED 14.9.2012 ISSUED TOT HE 2ND PETITIONER. EXHIBIT P4: TRUE COPIES OF RECEIPTS.

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EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 11.2.2013 SUBMITTED BY THE IST PETITIONER TO THE 4TH RESPONDENT.

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RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

P.S. TO JUDGE

tss

ANTONY DOMINIC, J.

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W.P(C).No.4444 of 2013

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------------------------------------------Dated this the 5^th day of April, 2013

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JUDGMENT

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1.Heard the learned counsel for the petitioners, learned Government Pleader appearing for respondents 1 and 2 and the learned standing counsel for respondents 3 and 4.

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Petitioners availed of two loans of Rs.8 lakhs each from the third respondent bank. Admittedly, default was committed by them and more than Rs.3.75 lakhs is due towards the loans in question as defaulted amounts itself. It is at that stage, this writ petition has been filed and the request made is to allow the petitioners to get the loans regularised.

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3.The request of the petitioners for regularisation of the loans can be considered only if they clear the defaulted dues. Therefore, I direct the petitioners to pay off the defaulted dues in three equal monthly instalments, the first of which to be paid on or before 20.4.2013 and the second and third instalments to be paid on or before 20.5.2013 and 20.6.2013

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WPC.4444/13

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respectively. Along with the instalments, the petitioners shall pay the current EMI also.

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4.If payments are made as above, the loans will be regularised and the petitioners will be allowed to pay the balance liability as per the loan agreements. In order to enable the petitioners to pay amounts as above, I direct that further proceedings against the petitioners be kept in abeyance and I clarify that in case of default, the bank will be at liberty to proceed with coercive action.

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Writ petition is disposed of as above.

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kkb.5/4.

V.B.Rajkumar v. State of Kerala

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V.B.Rajkumar v. State of Kerala

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