Allowed

Mathews T.Plammoottil v. State Bank of Travancore

Kerala HC9 Dec 2014WA/1358/2014

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Single Judge order attaching educational loan assets. The court modified the instalment scheme under disability, granting time to the petitioners on condition of repaying the balance amount with future interest in 12 monthly instalments.

What did the court decide?

Directions to pay the balance loan amount with future interest in 12 equal monthly instalments, first payable on 01.01.2015; Bank may pursue legal proceedings in case of default.

Mathews T.Plammoottil Vs State Bank of Travancore — Banking and Recovery | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 9TH DAY OF DECEMBER 2014/18TH AGRAHAYANA, 1936

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WA.No. 1358 of 2014 IN WP(C).6012/2012

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AGAINST THE JUDGMENT IN WP(C) 6012/2012 DATED 01-07-2014

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APPELLANTS/PETITIONERS :

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MATHEWS.T.PLAMMOOTTIL AGED 25 YEARS S/O.P.M.THOMAS, PLAMMOOTTIL HOUSE INDUSTRIAL NAGAR POST, VEROOR MURI CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK.

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P.M.THOMAS., PLAMMOOTTIL HOUSE, INDUSTRIAL NAGAR POST, VEROOR MURI CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK.

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BY ADV. SRI.P.KURUVILLA JACOB

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RESPONDENTS/RESPONDENTS :

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STATE BANK OF TRAVANCORE INDUSTRIAL ESTATE BRANCH, INDUSTRIAL NAGAR POST CHANGANACHERRY, PIN 681 006 REPRESENTED BY ITS BRANCH MANAGER.

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THE SENIOR MANAGER STATE BANK OF TRAVANCORE, KOTTAYAM MAIN BRANCH KOTTAYAM-686001.

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THE DEPUTY TAHSILDAR REVENUE RECOVERY, REVENUE TOWER, CHANGANACHERRY PIN 686101.

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THE VILLAGE OFFICER, CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK

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CHANGANACHERRY TALUK- 686101.

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R1 & R2 BY SRI.SANTHOSH MATHEW, SC, SBT SRI.SATHISH NINAN R3 & R4 BY SPL.GOVERNMENT PLEADER, SMT. GIRIJA GOPAL

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

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W.A. No. 1358 OF 2014

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- - - - Dated this the 9^th day of December, 2014

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JUDGMENT

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Shaffique, J.

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The petitioners in the writ petition are the appellants. The writ petition was filed at a time when steps were taken to attach and sell the property belonging to them for recovery of arrears due to the respondent Bank in respect of an educational loan availed by the first petitioner. The 2^nd petitioner, father of the 1^st petitioner, is the surety to the transaction.

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The learned Single Judge, after considering the merits of the contentions, kept in abeyance the recovery, on condition of the petitioner settling the entire loan amount in 10 equal monthly instalments.

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According to the petitioners/appellants, they have already remitted 5 instalments, though in one instalment, the amount paid was only Rs.10,000/-. Learned counsel for the appellants seeks indulgence of this Court and agrees to repay the entire amount but submits that petitioners are unable to pay the instalments as directed by the learned Single Judge.

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WA No. 1358 of 2014

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-:2:-

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Learned Standing Counsel for the respondent Bank submits that the amount paid by the petitioner was only Rs.1,16,000/-.

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Having regard to the fact that the petitioner was paying the instalments and having regard to the plight of the 2^nd petitioner, who is a pensioner, we are of the view that some more time can be granted to the petitioner to repay the amount. Accordingly, we modify the directions given by learned Single Judge and direct the petitioners to pay the balance amount with future interest in 12 equal monthly instalments. The first instalment shall be paid on 01.01.2015. If there is any default in paying any of the instalments, it shall be open for the respondent Bank to take appropriate proceedings in accordance with law.

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The Writ Appeal is disposed of as above.

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Ashok Bhushan, Acting Chief Justice.

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A.M. Shaffique, Judge.

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ttb/09/12

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WA No. 1358 of 2014

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-:3:-

Mathews T.Plammoottil v. State Bank of Travancore

Case brief

What is this about?

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Mathews T.Plammoottil v. State Bank of Travancore

Case brief

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What did the court decide?

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