Allowed

Ajitha Kumari S. v. Federal Bank Ltd.

Kerala HC29 Aug 2016WP(C)/17033/2016

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala granted the petitioner ten equal monthly instalments to repay the due bank amount, considering possession had already been taken. The court directed the bank to defer coercive steps if instalments are paid on time.

What did the court decide?

Petitioner granted ten equal monthly instalments to pay the due bank amount; bank to defer coercive steps if payments are made as stated.

Ajitha Kumari S. Vs Federal Bank Ltd. — 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 29TH DAY OF AUGUST 2016/7TH BHADRA, 1938

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WP(C).No. 17033 of 2016 (D)

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PETITIONER :

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AJITHA KUMARI S., AMBALATHUMVILA VEEDU, MANNADIKONAM, OORUTTAMBALAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT:

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FEDERAL BANK LTD., ASSET RECOVERY BRANCH, FEDERAL TOWERS, STATUE, THIRUVANANTHAPURAM, REPRESENTED BY ITS THE AUTHORIZED OFFICER, PIN-695 001.

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BY ADVS. SRI.REJI GEORGE SRI.BINOY DAVIS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 17033 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF THE ORDER PASSED BY THE CJM COURT, THIRUVANANTHAPURAM.

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RESPONDENT(S)' EXHIBITS: NIL -------------------------------------------

/TRUE COPY/

P.A.TO JUDGE

sts

A.M.SHAFFIQUE, J.

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W.P.(C).No.17033 of 2016

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

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Dated this the 29^th day of August, 2016

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J U D G M E N T

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The petitioner has approached this Court being faced with notice issued by the Advocate Commissioner to surrender possession of the premises on the basis of an order passed by the Chief Judicial Magistrate. It is stated that the possession had already been taken.

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The learned counsel appearing for the respondent submits

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that the period of loan will be over by 15.03.2017.

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The learned counsel for the petitioner seeks for some more

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time to repay the loan amount in instalments.

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Taking into consideration the fact that possession has already been taken by the Advocate Commissioner, I am of the view that some time can be granted to the petitioner to discharge the liability.

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Accordingly, this writ petition is disposed of as under :

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The petitioner shall pay the entire amount due to the Bank in ten equal monthly instalments starting from 26.09.2016.

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The Bank shall defer taking further coercive steps against the petitioner, if the amounts are paid as stated above.

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W.P.(C).No.17033 of 2016

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If there is failure to pay any of the instalments, it shall be open for the Bank to take further proceedings in

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accordance with law.

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Sd/-

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A.M.SHAFFIQUE, JUDGE.

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Ajitha Kumari S. v. Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

Ajitha Kumari S. v. Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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