Petitioner guarantor aggrieved by revenue recovery steps. Court notes loan settled via OTP and account closed. Writ petition closed by quashing demand notice against petitioner.
Quashing of Ext.P2 demand notice against the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
WP(C).No. 5143 of 2016 (P)
PETITIONER(S):
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M.C.SUDHAKARAN, AGED 69 YEARS, S/O.LATE KOPPA VAIDYAR, 'JYOTHIS', SANTHI NAGAR, S. G. P. P.O., SHORNUR 2, PALAKKAD DISTRICT.
BY ADVS.SRI.SANTHEEP ANKARATH
SRI.ARUN MATHEW VADAKKAN
RESPONDENT(S):
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1. REVENUE DIVISIONAL OFFICER, OTTAPALAM - 679 101, PALAKKAD DISTRICT.
2. DEPUTY TAHSILDAR,
3. CANARA BANK,
4. K. DEVAKI,
5. K. RADHA,
R1 & R2 BY GOVERNMENT PLEADER SRI.R.RANJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 5143 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C) No.5143 of 2016
JUDGMENT
The petitioner, who is a guarantor to a loan availed by the 4th respondent from the 3rd respondent bank, is aggrieved by the revenue recovery steps initiated against him for recovery of defaulted loan amounts. When the matter was called up for admission today, it is submitted by the learned standing counsel for the 3rd respondent bank that, pursuant to the availment of a One Time Settlement facility, the 4th respondent has already paid the amounts due to the respondent bank and the loan account has been closed. Taking note of the said submission of the learned standing counsel for the 3rd respondent bank, I close this writ petition, by quashing Ext.P2 demand notice, as against the petitioner.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
1 issue framed by the court
Whether to continue writ proceedings for quashing of recovery notice when borrower has settled loan debt via OTP.
M.C. Sudhakaran
Revenue Divisional Officer, Ottapalam
Deputy Tahsildar, Ottapalam
Canara Bank
K. Devaki
K. Radha
A.K. Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
