Disposed

Vishnu Priya v. the Branch Manager, Syndicate Bank,Mynagappally

Kerala HC19 Feb 2016WP(C)/5169/2016

Case brief

AI extract

What is this about?

In this writ petition challenging recovery proceedings under the Revenue Recovery Act for an defaulted education loan, the High Court permitted the petitioner to remit the overdue amount in installments. Upon clear payment and adherence to the original schedule, recovery steps were stayed.

What did the court decide?

Recovery proceedings stayed if petitioner pays Rs. 45,441/- by 31.03.2016 and continues regular installments; bank to provide updated accounts.

Vishnu Priya Vs the Branch Manager, Syndicate… — 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 A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937

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WP(C).No. 5169 of 2016 (U)

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PETITIONER :

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

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VISHNU PRIYA, AGED 29 YEARS, D/O. USHAKRISHNAN, KAVUMKOTTU KIZHAKKATHIL, KADAPOPA, MYNAGAPPALLY, KOLLAM DISTRICT

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BY ADV. SRI.K.SIJU

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RESPONDENTS :

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

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1. THE BRANCH MANAGER, SYNDICATE BANK, MYNAGAPPALLY BRANCH, KOLLAM DISTRICT - 690 519

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2. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM 691 013

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3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KUNNATHOOR SASTHAMCOTTA P.O., KOLLAM DISTRICT 690 521

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4. THE VILLAGE OFFICER,

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MYNAGAPPALLY, KOLLAM DISTRICT 690 519

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R1 BY SRI. R.S. KALKURA, SC, SYNDICATE BANK R2 TO R4 BY GOVERNMENT PLEADER SRI.R. RENJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5169 of 2016 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: THE COPY OF DEGREE CERTIFICATE ISSUED TO THE PETITIONER FROM THE UNIVERSITY OF CALICUT DATED 3-7-2010.

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EXHIBIT P2: THE COPY OF DEMAND NOTICE DATED 9-1-2016

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A.TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 5169 of 2016

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===================================================== Dated this the 19^th day of February, 2016

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JUDGMENT

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The petitioner, who had availed of an education loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Revenuer Recovery Act, to recover the loan amounts. Ext.P2 is the demand notice issued to the petitioner under the Revenue Recovery Act. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

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I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing Counsel appearing on behalf of the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioner is to permit her to remit the balance amounts outstanding to the bank in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

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(i) The total overdue amount to be paid by the

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-2-

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W.P.(C). No. 5169 of 2016

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petitioner for regularisation of loan is stated to be Rs.45,441/-. Accordingly, if the petitioner remits the aforesaid amount of Rs.45,441/- on or before 31.03.2016, and continues to keep up the regular installments as per the original loan schedule, then the recovery steps initiated against her by the respondent bank shall be kept in abeyance.

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(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, she will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against her from the stage at which they presently stand.

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(iii) The respondent bank shall, within ten days from today, provide the petitioner with an upto-date statement of accounts so as to enable the petitioner to discharge the liability in accordance with the directions of this judgment.

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sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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das /19.02.2016

Vishnu Priya v. the Branch Manager, Syndicate Bank,Mynagappally

Case brief

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Vishnu Priya v. the Branch Manager, Syndicate Bank,Mynagappally

Case brief

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