Allowed

S.M.Iqbal v. the Kollam District Co-Operative Bank, Kollam

Kerala HC19 Jul 2016WP(C)/18343/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought to quash an order denying debt relief. The Single Judge observed that since the bank had already remitted the secured amount to the government, the petitioner could remit the government-secured sum to the specific account head to discharge liability.

What did the court decide?

Directed the petitioner to remit the amount secured from the third respondent bank to the Government account head within three months.

S.M.Iqbal Vs the Kollam District Co-Operative Bank, Kollam — 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 SHAJI P.CHALY

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TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938

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WP(C).No. 18343 of 2016 (P)

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PETITIONER :

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S.M. IQBAL

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S/O.SHAMSUDEEN KUNJU, AGED 51 YEARS, THEKKEVAZHIYATH, VARAVILA P.O., VOWVAKKAVU, KARUNAGAPPALY, KOLLAM.

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BY ADVS.SRI.K.SIJU SRI.PRATHEESH P.

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RESPONDENT(S) :

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1. THE KOLLAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, CHINNAKKADA, KOLLAM - 691 001.

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2. THE BRANCH MANAGER KOLLAM DISTRICT CO-OPERATIVE BANK, VALLIKKAVU BRANCH, VALLIKKAVU KARUNAGAPPALLY, KOLLAM-691 506

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3. KERALA STATE FARMERS DEBT RELIEF COMMISSIOIN REPRESENTED BY ITS SECRETARY, TRIVANDRUM - 695001.

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*ADDL. R5 IMPLEADED

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

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*ADDL.R4. STATE OF KERALA, REP. BY THE SECRETARY, AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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*IS SUO-MOTU IMPLEADED AS PER ORDER DT. 30.6.2016.

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R1 & R2 BY ADV. SRI.T.R.HARIKUMAR, SC R3 & ADDL.R4 BY GOVT. PLEADER SRI. T.R. RAJESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 18343 of 2016 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT. P1	THE COPY OF THE RATION CARD SHOWING THE STATUS OF THE PETITIONER AS FARMER.
EXT. P2	THE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE KERALA FARMER'S DEBT RELIEF COMMISSION DATED 07.12.2007
EXT. P3	THE COPY OF INTERIM ORDER ISSUED BY THE KERALA FARMER'S DEBT RELIEF COMMISSION DATED 07.12.2007.
EXT. P4	THE COPY OF REPORT SUBMITTED BY THE 1ST RESPONDENT BENK BEFORE THE COMMISSION DATED 10.04.2008.
EXT. P5	THE COPY OF RECEIPT SHOWING THE PAYMENT MADE BY THE PETITIONER TO THE BANK ON 29.01.2008.
EXT. P5(a)	THE COPY OF RECEIPT SHOWING THE PAYMENT MADE BY THE PETITIONER TO THE BANK ON 31.03.2008.
EXT. P5(b)	THE COPY OF RECEIPT SHOWING THE PAYMENT MADE BY THE PETITIONER TO THE BANK ON 29.05.2008.
EXT. P6	THE COPY OF FINAL ORDER PASSED BY THE KERALA STATE FARMER'S DEBT RELIEF COMMISSION DATED 19.08.2008.
EXT. P7	THE COPY OF PROCEEDINGS OF THE VALLIKKAVU BRANCH MANAGER OF KOLLAM DISTRICT CO-OPERATIVE BANK DATED 13.08.2010.
EXT. P8	THE LOAN PASS OF THE PETITIONER SHOWING PAYMENT OF RS. 4,48,664/- ON 12.07.2010
EXT. P9	THE COPY OF REVIEW PETITION FILED BEFPORE THE 3RD RESPONDENT DATED 08.11.2010.
EXT. P10	THE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC.NO. 2545/2011 DATED 25.01.2011
EXT. P11	THE COPY OF ORDER PASSED BY THE 3RD RESPONDENT COMMISSION IN RP.NO. 916/2010 DATED 15.03.2011.

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(Contd...)

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WP(C).No. 18343 of 2016 (P)

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EXT. P12 THE COPY OF REPRESENTATION DATED 01.03.2012 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2.

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EXT. P13 THE COPY OF REPLY GIVEN BY THE 2ND RESPONDENT DATED 17.04.2012 TO THE PETITIONER EXT. P14 THE COPY OF JUDGMENT IN WPC.NO. 13457/2012 DATED 22.05.2015.

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EXT. P15 THE COPY OF REVISED FINAL ORDER PASSED BY THE 3RD RESPPONDENT COMMISSION ON 30.11.2015.

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

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J

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W.P.(C)NO.18343 OF 2016

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Dated this the 19^th day of July, 2016

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J U D G M E N T

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This writ petition is filed by the petitioner seeking

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to quash Ext.P15 order, passed by the third respondent dated 30.11.2015, whereby an earlier order passed by the third respondent was reviewed finding that the petitioner is not entitled to get relief under the provisions of the Debt relief scheme. When the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that the amount due from the petitioner to the society can be remitted to the Government, since the society has already paid the amount as per the original order passed by the third respondent to the petitioner. Therefore, I directed the learned Government Pleader to take instructions with respect to the head of accounts to which the petitioner can remit the

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W.P.(C)NO.18343 OF 2016 2

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amount. Taking into account the respective submissions, I am of the considered opinion that the petitioner can be directed to comply with Ext.P15 order, and remit the amount already secured by the petitioner from the third respondent bank to the head of account of the Government bearing No.2401-00-104-86(0134ROP) within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

S.M.Iqbal v. the Kollam District Co-Operative Bank, Kollam

Case brief

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S.M.Iqbal v. the Kollam District Co-Operative Bank, Kollam

Case brief

What is this about?

What did the court decide?

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