Disposed

Ambika Amma G. v. Karunagapally Co-Operative

Kerala HC1 Sept 2016WP(C)/25571/2016

Case brief

AI extract

What is this about?

In a writ petition challenging coercive banking action following loan default, the Court directs the petitioner to repay an outstanding balance of Rs.46,070 in three installments. Simultaneously, the petitioner is allowed to seek regularization of the loan account.

What did the court decide?

Direction to repay outstanding overdue amount in three installments with EMI; liberty to seek loan regularization.

Ambika Amma G. Vs Karunagapally Co-Operative — Service and Employment | 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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THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938

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WP(C).No. 25571 of 2016 (V)

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PETITIONER:

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AMBIKA AMMA G, AGED 48, W/O.RADHAKRISHNA PILLAI, SREE MURUGA NIVAS, KOIVILA P.O. THEVALAKKARA, KOLLAM, PRESENTLY RESIDING AT "REVATHY BHAVANAM", KOIVILA P.O., THEVALAKKARA, KOLLAM.

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BY ADVS.SRI.SAIJO HASSAN

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SRI.A.G.GIRISH KUMAR SRI.BENOJ C AUGUSTIN SRI.VISHNU BHUVANENDRAN SRI.U.M.HASSAN

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RESPONDENT(S):

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1. KARUNAGAPALLY CO-OPERATIVE AGRICULTURAL

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RURAL DEVELOPMENT BANK LTD.NO. Q-467, KARUNAGAPPALLY P.O, KOLLAM-690 518, REP.BY SECRETARY.

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2. THE SECRETARY, KARUNAGAPALLY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO. Q-467, KARUNAGAPPALLY P.O, KOLLAM-690 518.

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3. THE SALE OFFICER, KARUNAGAPALLY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO. Q-467, KARUNAGAPPALLY P.O, KOLLAM-690 518.

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R1,R2 BY ADVS. SRI.P.GOPAL

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SRI.B.MURALEEDHARAN

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R3 BY GOVERNMENT PLEADER SRI MANZOOR ALI K.A.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 25571 of 2016 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT-P1 TRUE COPY OF THE LAND TAX RECEIPTS OF PETITIONER.

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EXHIBIT-P2 TRUE COPY OF THE DEMAND NOTICE DATED 12.04.2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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EXHIBIT-P3 TRUE COPY OF THE NOTICE PUBLISHED IN MATHRUBHUMI DAILY NEWS PAPER DATED 28.06.2016 BY THE 2ND RESPONDENT.

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EXHIBIT-P4 TRUE COPY OF THE RECEIPTS OF REMITTANCE OF RS.38,000/ON 30.06.2016 BY THE PETITIONER IN THE BANK ACCOUNT.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.S.TO JUDGE

K.V.

SHAJI P. CHALY, J

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W.P.(C)NO.25571 OF 2016

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Dated this the 1^st day of September, 2016

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J U D G M E N T

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Petitioner along with her husband, son and daughter-in-law had taken a loan of Rs.7,00,000/(Rupees seven lakhs only), during July 2015, by mortgaging residential building and property of 16.90 cents in Thevalakkara Village, Kollam District. Admittedly, repayment was defaulted, consequent to which bank issued Ext.P2 demand notice. On receipt of demand notice, petitioner made certain payments. It is in this background, challenging the coercive action initiated by the bank, this writ petition is filed.

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First respondent bank has filed a counter affidavit contending that, petitioner along with others have availed four loans on various counts. When the petitioner made the payment, consequent to the issuance of the demand notice, same was adjusted to one of the loans namely., consumer durable loan and

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W.P.(C)NO.25571 OF 2016 2

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the same was closed accordingly. According to the first respondent, an amount of Rs.46,070/- (Rupees forty six thousand and seventy only) is outstanding overdue from the petitioner and others, and if the petitioner is prepared to pay the same in reasonable installments, bank can regularise the loan account enabling the petitioner retain to the spread over period agreed upon, under the agreement executed by the bank and petitioner and others.

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Heard learned counsel for the petitioner and

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the learned counsel appearing for the first respondent bank.

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Taking into account the respective

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submissions, there will be a direction to the petitioner to pay the outstanding overdue amounts specified above, in three installments starting from 25.09.2016 and the same day of the succeeding months along with regular EMI. Needless to say, if any of the installments is defaulted by the petitioner, bank will be at liberty to proceed in accordance with the

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W.P.(C)NO.25571 OF 2016

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demand raised as per Ext.P2. Along with the first installment, petitioner along with others is at liberty to file a representation seeking to regularise the said loan and if such an application is received, bank shall take necessary steps to regularise the loan in accordance with law.

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Writ petitions are disposed of accordingly.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

Ambika Amma G. v. Karunagapally Co-Operative

Case brief

What is this about?

What did the court decide?

Ambika Amma G. v. Karunagapally Co-Operative

Case brief

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