Disposed

Authorised Officer v. Vetukallupurath Preetha

Kerala HC11 Jan 2016WA/16/2016

Case brief

AI extract

What is this about?

Single Judge permitted petitioner to clear loan overdues in instalments. This appeal allowed the High Court to impose a new condition requiring the petitioner to submit an indemnity bond to the bank covering the entire liability before proceeding with instalment payments.

What did the court decide?

Writ appeal disposed; condition imposed on writ petitioner to give an indemnity bond to the Bank covering the entire liability before proceeding.

Authorised Officer Vs Vetukallupurath Preetha — Contract and Commercial Disputes | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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WA.No. 16 of 2016 () IN WP(C).24840/2015

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AGAINST THE ORDER/JUDGMENT IN WP(C) 24840/2015 of HIGH COURT OF KERALA DATED 09-11-2015

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APPELLANT(S)/RESPONDENTS 1 & 2:

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1. AUTHORISED OFFICER STATE BANK OF INDIA, KANHANGAD BRANCH, SANABIL PLAZA RAMNAGAR ROAD, P.O.KANHANGAD KASARAGOD DISTRICT - 671 315.

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2. THE STATE BANK OF INDIA REPRESENTED BY ITS CHIEF MANAGER, KANHANGAD BRANCH SANABIL PLAZA, RAMNAGAR ROAD, P.O.KANHANGAD KASARGOD DISTRICT - 671 315.

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BY ADVS.SRI.P.V.SURENDRANATH (SR.) SMT.BINDUMOL JOSEPH

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RESPONDENT(S)/PETITIONER & RESPONDENTS 3 & 4:

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

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1. VETUKALLUPURATH PREETHA, AGED 38 YEARS W/O.RAJEEV KUMAR, CHERUMBACHAL MALAKKALLU P.O.KASARAGOD DISTRICT.

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2. BABY GEORGE S/O.GEORGE, MATTATHUKUNNEAL HOUSE, CHERUMBACHAL P.O.MALAKKALLU, (VIA).RAJAPURAM KASARGOD DISTRICT - 671 532.

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3. CICELY BABY

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W/O.BABY GEORGE, MATTATHUKUNNEAL HOUSE, CHERUMBACHAL P.O.MALAKKALLU, (VIA) RAJAPURAM KASARAGOD DISTRICT - 671 532.

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R1 BY SRI.A.ARUNKUMAR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ASHOK BHUSHAN, C.J. &

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A.M. SHAFFIQUE, J.

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W.A. No. 16 of 2016

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Dated this, the 11^th day of January, 2016

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J U D G M E N T

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Ashok Bhushan, C.J.

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This writ appeal has been filed against judgment dated 9/11/2015 passed by the learned Single Judge by which the learned Single Judge disposed of the writ petition permitting the writ petitioner to deposit the amount in instalments. It is submitted by the appellants that the writ petitioner was not party to the loan and was subsequent purchaser. He submits that learned Single Judge ought to have protected the interests of the Bank and before permitting the petitioner to clear the overdues, another security or indemnity bond ought to have been obtained from the petitioner. Learned counsel for the writ petitioner submits that in pursuance of the judgment of the learned Single Judge, petitioner has already started depositing the amount in instalments.

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In view of the facts of the present case, ends of justice

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W.A. No.16/2016

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-:2:-

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deserve in disposing the writ appeal putting a further condition on the writ petitioner that writ petitioner shall give an indemnity bond to the Bank covering the entire liability and on submission of the said indemnity bond, he may proceed to continue to deposit as directed by the learned Single Judge.

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With the above observations, this writ appeal is disposed of.

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Sd/- ASHOK BHUSHAN, CHIEF JUSTICE

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Sd/-

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A.M. SHAFFIQUE, JUDGE

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Rp11/1/2016

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//True Copy//

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PS to Judge

Authorised Officer v. Vetukallupurath Preetha

Case brief

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Authorised Officer v. Vetukallupurath Preetha

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