Allowed

Shiju Raj v. the Union of India, M.G.Road Branch, Ernakulam

Kerala HC23 Jan 2014WP(C)/1982/2014

Case brief

AI extract

What is this about?

The petitioner sought regularisation of an overdue housing loan account and a stay on coercive possession steps. The court permitted payment of the overdue amount in four equal monthly installments and held that coercive action would resume upon default.

What did the court decide?

Permission granted to pay overdue amount in four equal monthly instalments; coercive steps stayed subject to compliance.

Shiju Raj Vs the Union of India, M.G.Road Branch… — Banking and Recovery | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

THURSDAY, THE 23RD DAY OF JANUARY 2014/3RD MAGHA, 1935

¶5

WP(C).No. 1982 of 2014 (W)

¶6

PETITIONER

¶7

SHIJU RAJ, AGED 34 YEARS, S/O SUKUMARAN NAIR, NANDANAM HOUSE, OMALLUR P.O, PATHANAMTHITTA DIST.-689647

¶8

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU

¶9

RESPONDENTS:

¶10

1. THE UNION OF INDIA, M.G.ROAD BRANCH, ERNAKULAM REPRESENTED BY ITS MANAGER -682035

¶11

. 2. THE CHIEF MANAGER/AUTHORISED OFFICER, UNION BANK OF INDIA, NODAL REGIONAL OFFICE, UNION BANK BHAVAN, M.G. ROAD, COCHIN -682035

¶12

R BY SRI.A.S.P.KURUP, SC, UBI

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C).No. 1982 of 2014 (W)

¶15

APPENDIX

¶16

PETITIONERS EXHIBITS

¶17

EXT.P1 COPY OF THE POSSESSION NOTICE DATED 19-12-2013 ISSUED TO THE PETITIONER.

¶18

RESPONDENTS EXHIBITS NIL

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

¶23

= = = = = = = = = = = W.P.(C) No.1982 of 2014 = = = = = = = = = = = == = = = =

¶24

Dated this the 23^rd day of January, 2014

¶25

All that the petitioner prays is that he may be permitted to clear the overdue amount and get the loan account regularised. The period of the housing loan expires in the year 2026 and the overdue amount comes to about Rs.3,50,000/(Rupees three lakhs fifty thousand only).

¶26

I permit the petitioner to pay the overdue amount in four equal monthly instalments starting from 28-2-2014. This will be in addition to the equated monthly instalments which the petitioner is otherwise obliged to pay.

¶27

The coercive steps pursuant to Ext.P1 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of anyone of the instalments as directed above.

¶28

The writ petition is disposed of.

¶29

V.CHITAMBARESH JUDGE

¶30

¶31

smm

Shiju Raj v. the Union of India, M.G.Road Branch, Ernakulam

Case brief

What is this about?

What did the court decide?

Shiju Raj v. the Union of India, M.G.Road Branch, Ernakulam

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

Alfred Wilson Vs Federal Bank Ltd.

Beepathukutty Vs Syndicate Bank

Aleema Ameen Vs the Authorised Officer

Sajeesh Vs the Regional Transport Officer

Stephen Gomez P. Vs the Special Deputy Tahsildar (Rr)

Bindu Xavier Vs the Authorised Officer