Disposed

Bindu L. v. Thiruvananthapuram Distirct Co-Operative Bank

Kerala HC26 May 2016WP(C)/1150/2016

Case brief

AI extract

What is this about?

This writ petition sought relief in SARFAESI Act proceedings initiated by a bank against the petitioner for non-repayment of a loan. The court, finding the petitioner willing to repay, allowed the petition by directing the petitioner to pay the entire amount with accrued interest in 12 equal monthly instalments starting from 01.07.2016.

What did the court decide?

Petitioner to pay the entire amount with accrued interest in 12 equal monthly instalments starting from 01.07.2016; for default, bank may take steps as per law.

Bindu L. Vs Thiruvananthapuram Distirct Co-Operative Bank — 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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THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938

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WP(C).No. 1150 of 2016 (P)

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PETITIONER : -

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BINDU L., AGED 37 YEARS, D/O.LATE PUSHPARAJAN, VAYATHITTA VEEDU, MELKADAKKAVOOR, KADAKKAVOOR P.O., THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.ANOOP (MULAVANA)

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RESPONDENTS :-

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THIRUVANANTHAPURAM DISTIRCT CO-OPERATIVE BANK, CHIRAYINKEEZHU BRANCH,

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THIRUVANANTHAPURAM DISTRICT - 695 001.

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THE AUTHORIZED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THIRUVANANTHAPURAM -695 001.

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BY GOVERNMENT PLEADER SMT. LILLY K.T.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1150 of 2016 (P)

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APPENDIX

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PETITIONER'S EXHIBITS : -

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EXT.P-1 : TRUE COPY OF THE PASS BOOK OF THE PETITIONER. EXT.P-2 : TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER. EXT.P-3 : TRUE COPY OF THE POSSESSION NOTICE DATED 21.7.2014. RESPONDENTS' EXHIBITS : - NIL. ---------------------------------------

// TRUE COP Y //

P.A. TO JUDGE

DMR/-

A.M.SHAFFIQUE, J.

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============== W.P.(C).No. 1150 of 2016

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==================

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Dated this the 26^th day of May, 2016

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JUDGMENT

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

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Petitioner had taken a loan from the respondent Bank. 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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Learned counsel for the petitioner submits that though notice was served on respondents and there is no appearance on their behalf.

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Having regard to the fact that the petitioner had expressed the willingness to repay the amount in instalments, I am of the view that some indulgence can be shown to the petitioner.

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W.P.(C).No. 1150 of 2016

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Accordingly, this writ petition is disposed of as under:

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(i) The petitioner shall pay the entire amount with

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accrued interest in 12 equal monthly instalments starting from 01.07.2016.

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

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lsn

Bindu L. v. Thiruvananthapuram Distirct Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Bindu L. v. Thiruvananthapuram Distirct Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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