Disposed

Ratnam v. State of Kerala

Kerala HC14 Nov 2016WP(C)/10173/2016

Case brief

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What is this about?

This court disposed of a writ petition by a legal heir facing SARFAESI proceedings against a deceased borrower. Finding the petitioner willing to repay, the court directed installment payment of the debt while reserving the bank's right to enforce action on default.

What did the court decide?

Payment of entire amount with accrued interest in 12 equal monthly installments starting from 13/12/2016. If default, respondent Bank may take steps in accordance with law.

Ratnam Vs State of Kerala — Banking and Recovery | 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 MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938

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WP(C).No. 10173 of 2016 (V)

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PETITIONER(S) :

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RATNAM,

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D/O.KUNHATHA, PADUNNAYIL HOUSE, PURATHUR POST, TIRUR, MALAPPURAM DISTRICT.

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BY ADVS. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, KHADI, VILLAGE INDUSTRIES & POLLUTION CONTROL, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

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2. THE SECRETARY, KERALA STATE CO-OPERATIVE DEVELOPMENT AND WELFARE FUND BOARD, THIRUVANANTHAPURAM- 695 001.

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3. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR (GENERAL), CO- OPERATIVE SOCIETIES, MALAPPURAM, PIN 676 505.

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4. THE TIRUR URBAN CO- OPERATIVE BANK LTD., F 1616, TIRUR, MALAPPURAM, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER IN CHARGE/AUTHORIZED OFFICER, PIN- 676 505.

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R1 & R3 BY SR. GOVERNMENT PLEADER SRI. C.P.PRADEEP R4 BY ADV. SRI.M.SASEENDRAN, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 10173 of 2016 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1: TRUE COPY OF DEATH CERTIFICATE DATED 04.02.2012 ISSUED BY PURATHUR GRAMA PANCHAYAT.

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P2: TRUE COPY OF LETTER DATED 19.09.2014 ISSUED BY 3RD RESPONDENT TO 4TH RESPONDENT.

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P3: TRUE COPY OF LETTER DATED 24.11.2014 ISSUED BY THE 3RD RESPONDENT TO PETITIONER

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P4: TRUE COPY OF APPLICATION DATED 16.02.2016 GIVEN BY PETITIONER 1ST RESPONDENT.

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P5: TRUE COPY OF LETTER DATED 25.02.2016 ISSUED BY 4TH RESPONDENT.

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P6: TRUE COPY OF CMP.NO.3991/2015 FILED BY 4TH RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI.

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P7: TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER ON 05.03.2016.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No. 10173 of 2016

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Dated this the 14^th day of November, 2016

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JUDGMENT

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Petitioner has approached this Court being faced with the proceedings initiated by the respondent Bank under the SARFAESI Act.

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Petitioner is one of the legal heirs of the deceased

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borrower who had availed a loan from the fourth respondent and the petitioner could not repay the monthly instalments in time on account of certain financial difficulties. In the meantime, proceedings had been taken by the respondent Bank under the SARFAESI Act.

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Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the entire amount in instalments, if some time is granted.

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Having regard to the fact that the petitioner had

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expressed the willingness to repay the amount in instalments, I am of the view that some indulgence can be shown to the

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W.P.(C) No. 10173 of 2016

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-2-

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petitioner.

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Accordingly, this writ petition is disposed of as under: (i) The petitioner shall pay the entire amount with

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accrued interest in 12 equal monthly instalments starting from

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13/12/2016.

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(ii) If there is default in payment of any of the aforesaid

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amounts, it shall be open for the respondent Bank to take such steps in accordance with law.

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Sd/A.M. SHAFFIQUE

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JUDGE

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Scl/14.11.2016

Ratnam v. State of Kerala

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Ratnam v. State of Kerala

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