Allowed

Bennarditha v. the Authorised Officer, Canara Bank

Kerala HC21 Oct 2016WP(C)/33846/2016

Case brief

AI extract

What is this about?

The High Court of Kerala permitted a petitioner who had defaulted on agricultural loans and sought regularization to repay outstanding dues in ten equated monthly installments starting from November 15, 2016, directing the bank to assist and take action on default.

What did the court decide?

Petitioner directed to pay outstanding amounts in ten equated monthly installments starting 15.11.2016; bank directed to provide account statement within two weeks.

Bennarditha Vs the Authorised Officer, Canara 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 SHAJI P.CHALY

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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WP(C).No. 33846 of 2016 (E)

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PETITIONER:

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BENNARDITHA AGED 65 YEARS, W/O. T O XAVIER, KUNNATHETTU HOUSE PALLA ROAD, KANAKANTHURUTHY P.O VADAKKENCHERRY, PALAKKAD

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BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY

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RESPONDENTS:

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1. THE AUTHORISED OFFICER, CANARA BANK CANARA BANK KOTTAYAM BRANCH, KOTTAYAM DISTRICT 686 001

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2. BRANCH MANAGER CANARA BANK KOTTAYAM HITECH BRANCH KOTTAYAM DISTRICT 686 001

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BY SRI.V.B.HARINARAYANAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33846 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE PHOTOCOPY OF NOTICE IN LOAN NO 2388895001100 DATED 2-08-2016

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EXHIBIT P2 THE TRUE PHOTOCOPY OF NOTICE LOAN NO 2388897000021 DATED 2-08-2016

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EXHIBIT P3 THE TRUE PHOTOCOPY OF THE APPLICATION FOR REGULARIZATION BEFORE THE RESPONDENTS

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RESPONDENT(S) EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE.

DCS

SHAJI P. CHALY, J.

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W.P.(C). NO. 33846 OF 2016

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Dated this the 21^st day of October, 2016

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JUDGMENT

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Petitioner has secured two agricultural loans from the respondent bank. Admittedly, petitioner defaulted repayment of the same, consequent to which bank has issued notices for recovery of the amount, pursuant to which petitioner has submitted Ext. P3 representation seeking indulgence of the bank in permitting the petitioner to pay the outstanding dues in ten installments. According to the petitioner, the bank has not taken a decision and the petitioner is apprehending coercive action from the bank for realisation of the amount. It is in this background seeking appropriate direction, this writ petition is filed.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents and perused the documents on record and the pleadings put forth by the petitioner.

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W.P.(C). NO. 33846 OF 2016 2

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Since petitioner has admitted the amounts outstanding and sought repayment of the same in equated monthly installments, I think it is only proper that the petitioner is permitted to pay the outstanding amounts, payable to the respondents in reasonable equated monthly installments.

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Therefore, petitioner is directed to pay the amounts outstanding in ten equated monthly installments starting from 15.11.2016 and on the same day of the successive months. Needless to say, if any of the installments is defaulted the bank will be at liberty to take suitable action, in accordance with law. In order to enable the petitioner to pay the amount in installments, bank shall provide a statement of account to the petitioner, within two weeks from today.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Bennarditha v. the Authorised Officer, Canara Bank

Case brief

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Bennarditha v. the Authorised Officer, Canara Bank

Case brief

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