Disposed

M.T George v. the Manager, Uco Bank

Kerala HC24 Oct 2016WP(C)/37434/2015

Case brief

AI extract

What is this about?

In this writ petition regarding default on bank loans and subsequent recovery proceedings, the court directed the petitioner to file a fresh representation with the Assistant General Manager. Pending this representation and its consideration, recovery proceedings under the Kerala Revenue Recovery Act are to be kept in abeyance.

What did the court decide?

Recovery proceedings under Sections 7 and 34 of the Kerala Revenue Recovery Act kept in abeyance pending submission of a fresh representation by the petitioner and its consideration within one month b

M.T George Vs the Manager, Uco 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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MONDAY, THE 24TH DAY OF OCTOBER 2016/2ND KARTHIKA, 1938

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WP(C).No. 37434 of 2015 (D)

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PETITIONER(S):

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M.T GEORGE

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PROPRIETOR, ST.GEORGE HOLLOW BRICKS, THEKKEVEETTIL HOUSE, THALAYOLAPARAMBU PO, KOTTAYAM, KERALA.

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BY ADVS.SRI.DINNY THOMAS

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SRI.ALBERT V.JOHN SRI.JAISHANKAR V.NAIR SMT.ROSHNI MANUEL

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RESPONDENT(S):

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1. THE MANAGER, UCO BANK KOTTAYAM-686 001.

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2. DEPUTY TAHASILDAR REVENUE RECOVERY, VAIKOM-686 141.

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R1 BY ADV. SRI.P.P.JOYI BY SR. GOVERNMENT PLEADER SMT.K.R.DEEPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-10-2016, ALONG WITH W.P.(C)NO.37495/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37434 of 2015 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE REVENUE RECOVERY NOTICE.

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P2 : TRUE COPY OF THE REVENUE RECOVERY NOTICE.

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P3 : TRUE COPY OF THE REPRESENTATION FILED BEFORE THE RESPONDENT BANK.

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P4 : TRUE COPY OF THE REPRESENTATION FILED BEFORE THE RESPONDENT BANK.

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P5 : TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK IN ACCOUNT NO.18420500000610

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P6 : TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK IN ACCOUNT NO.18420610000885.

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P7: TRUE COPY OF THE LETTER DATED 8.9.2016 TO THE BANK

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P8: TRUE COPY OF THE RECEIPT ISSUED BY THE COURIER COMPANY

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P9: TRUE COPY OF THE POD COPY ISSUED BY THE COURIER COMPANY

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RESPONDENT(S)' EXHIBITS:

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EXHIBIT R1(A): O/S DUES UNDER CASH CREDIT A/C NO.18420500000610

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EXHIBIT R1(B): O/S DUES UNDER TEAM LOAN A/C NO.18420610000885.

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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W.P.(C) Nos.37434 & 37499 of 2015

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Dated this the 24^th day of October, 2016

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JUDGMENT

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Petitioners have availed loans from the first respondent

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Bank. Admittedly, defaulted to repay the same. Consequent to which, recovery action as provided under Sections 7 and

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34 of the Kerala Revenue Recovery Act is initiated by the Bank. It is in this background seeking appropriate reliefs, this writ petition is filed.

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Heard respective counsel and perused the

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documents and pleadings put forth by the petitioners and the respondent.

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Availing loans, non-repayment of same and the outstanding balance is not disputed by the petitioners. According to petitioners, representations filed before the Bank were not considered by the Bank.

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However, learned counsel for the respondent Bank submitted that, no such representation is received by the

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W.P.(C) Nos.37434 & 37499 of 2015

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Bank. In that view of the matter, I think petitioners can be permitted to submit a representation before the Assistant General Manager of the first respondent Bank to consider the issue raised by the petitioners in respect of the repayment of the loans. Petitioners shall file a representation within a week from today, which shall be considered by the Assistant General Manager of the first respondent Bank, within a month, thereafter.

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In order to facilitate deliberations and attempt of settlement, recovery proceedings under Section 7 of the Kerala Revenue Recovery Act shall be kept in abeyance, till such period. The proceedings under Section 34 of the Kerala Revenue Recovery Act will be guided by the developments that takes place in the settlement proposed above.

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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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dlk/24/10/

M.T George v. the Manager, Uco Bank

Case brief

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M.T George v. the Manager, Uco Bank

Case brief

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