Dismissed

The South Indian Bank Limited v. Salavudeheen P.A

Kerala HC9 Mar 2016WA/480/2016

Case brief

AI extract

What is this about?

Writ appeal filed by the bank against a single judge order permitting the borrower to deposit an outstanding housing loan balance of Rs.45 lakhs in 20 equal monthly instalments. The High Court found the single judge reasonable in allowing indulgence and dismissed the appeal.

What did the court decide?

The writ appeal was dismissed; the order permitting instalment payment of Rs.45 lakhs was upheld.

The South Indian Bank Limited Vs Salavudeheen P.A — Banking and Recovery | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

WEDNESDAY, THE 9TH DAY OF MARCH 2016/19TH PHALGUNA, 1937

¶5

WA.No. 480 of 2016

¶6

AGAINST THE JUDGMENT DATED 18.1.2016 IN WP(C) 36744/2015 .

¶7

APPELLANT(S)/RESPONDENTS:

¶8

1. THE SOUTH INDIAN BANK LIMITED,

¶9

PERINGOTTUKARA BRANCH, ALIYA COMPLEX,

¶10

EAST NADA, PERINGOTTUKARA, THRISSUR - 680 565,

¶11

REPRESENTED BY ITS BRANCH MANAGER.

¶12

2. AUTHORISED OFFICER, THE SOUTH INDIAN BANK LTD, REGIONAL OFFICE,

¶13

AKP CENTRE, CHRIST COLLEGE ROAD, IRINJALAKUDA,

¶14

THRISSUR - 680 125.

¶15

BY ADVS.SRI.K.K.JOHN

¶16

SRI.ASISH K.JOHN

¶17

RESPONDENT/PETITIONER:

¶18

SRI.SALAVUDEHEEN P.A, S/O.ABDUL KHADER, PANIKKAVEETTIL HOUSE, 17/164, PERINGOTTUKARA P.O., THRISSUR - 680 565.

¶19

BY ADV. SRI. S. KRISHNAPRASAD

¶20

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

mbr/

¶22

ASHOK BHUSHAN, CJ &

¶23

**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.A.No.480 of 2016

¶24

Dated this the 9^th day of March 2016

¶25

J U D G M E N T

¶26

Ashok Bhushan, CJ

¶27

This writ appeal has been filed against the judgment dated 18/01/2016 in W.P.C.No.36744/2015, by which the learned Single Judge has permitted the petitioner to deposit an amount of Rs.45,00,000/- in 20 equal and successive monthly instalments with effect from 10/02/2016.

¶28

Learned counsel for the appellant submits that the petitioner is not entitled for grant of 20 instalments for payment of the entire balance amount. Petitioner, having committed default, was liable to deposit the entire amount and the learned Single Judge ought not to have granted 20 instalments.

¶29

We have heard the learned counsel for the appellant and perused the records.

¶30

From the facts brought on record, it does appear that housing loan of Rs.35,00,000/- was taken by the petitioner for 19 years starting from 2012. When the proceedings were initiated,

¶31

W.A.No.480/2016

¶32

¶33

still there were seventeen years to complete the payment. The dues as noted by the learned Single Judge was Rs.45 lakhs and permitting the petitioner to pay the total amount outstanding i.e. Rs.45 lakhs in 20 equal and successive monthly instalments was reasonable looking at the quantum of the amount. The loan being housing loan, it appears that the learned Single Judge has shown indulgence. We do not find any error in the exercise of discretion by the learned Single Judge so as to warrant interference in this appeal.

¶34

This writ appeal is dismissed.

¶35

(sd/-)

¶36

(ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE)

¶37

True Copy PA to Judge

¶38

jsr/09/03/16

The South Indian Bank Limited v. Salavudeheen P.A

Case brief

What is this about?

What did the court decide?

The South Indian Bank Limited v. Salavudeheen P.A

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

Anitha Thankachi Vs Kpsc

C.Remadevi Vs Secretary to Government

J.B.J.Plantations Vs State of Kerala

All Kerala Textile Workers and Staff Federation Hantex Process House Vs P.H Kurian

N.Vijayakumar Vs Travancore Devaswom Board

V.a.Xavier Vs State of Kerala