Disposed

Shaji Kumar v. Special Sale Officer

Kerala HC20 Nov 2014WP(C)/2793/2010

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the petitioner was aggrieved by recovery proceedings for a defaulted loan. The Court directed the respondent Bank to keep recovery proceedings in abeyance on the condition of settling dues in twelve equal monthly instalments, quantification of dues as on 10.12.2014, and issuance of an accounts statement.

What did the court decide?

Recovery proceedings to be kept in abeyance on condition of settling entire loan in twelve equal monthly instalments; Bank to quantify dues as on 10.12.2014 and issue accounts statement.

Shaji Kumar Vs Special Sale Officer — Service and Employment | 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 MR.JUSTICE K.VINOD CHANDRAN

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THURSDAY, THE 20TH DAY OF NOVEMBER 2014/29TH KARTHIKA, 1936

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WP(C).No. 2793 of 2010 (Y)

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PETITIONER:

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C.SHAJI KUMAR, AGED 24, S/O.CHELLAPPAN PILLAI, BENGLOWIL VEEDU, KARMPALOOR, PUTHENKULAM.P.O, PARIPPALLY VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)

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RESPONDENT(S):

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1. THE SPECIAL SALE OFFICER, CO-OPERATIVE CIRCLE OFFICE, KOLLAM.

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2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM.

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3. THE PARAVOOR URBAN CO-OPERATIVE BANK LTD. NO.1649, S.PARAVOOR.P.O, KOLLAM, REPRESENTED BY ITS SECRETARY.

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R1 & R2 BY GOVERNMENT PLEADER SRI.V.K.RAFEEQ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 2793 of 2010 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 : A TRUE COPY OF THE SALE NOTICE DATED 25.12.2009. EXHIBIT P2 : A TRUE COPY OF THE SALE NOTIFICATION PUBLISHED IN DESHABHIMANI DAILY.

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RESPONDENT'S EXHIBITS: - NIL

/TRUE COPY

P.A. TO JUDGE

mbr/

K.VINOD CHANDRAN, J.

W.P.(C) No.2793 of 2010 (Y)

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Dated this the 20^th day of November, 2014

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JUDGMENT

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The petitioner is aggrieved by the proceedings taken against the petitioner's property for settlement of the defaulted amounts, in the ordinary loan account availed.

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2.Considering the confined prayer made for instalments, it is directed that, if recovery proceedings are not yet concluded, shall be kept in abeyance on condition of the petitioner settling the entire loan in 'twelve' equal monthly instalments. The respondent-Bank shall quantify the dues as on 10.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1^st instalment shall be paid on or before 15.12.2014 and thereafter; the due date of instalments falling on the 15^th of each succeeding month. If default is committed in one instalment, then the recovery proceedings shall revive and continue. On the satisfaction of the dues as per the

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W.P.(C) No.2793 of 2010 (Y)

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statement, the Bank shall give a statement of the future interest from 10.12.2014 and the same shall be settled as the 13^th instalment.

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The writ petition is disposed of. No costs.

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sd/-

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K.VINOD CHANDRAN, JUDGE

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AMV/20/11/

Shaji Kumar v. Special Sale Officer

Case brief

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What did the court decide?

Shaji Kumar v. Special Sale Officer

Case brief

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