Partly allowed

Saranya Balakrishnan v. Manager

Kerala HC10 Mar 2016WP(C)/6404/2016

Case brief

AI extract

What is this about?

The petitioner, a defaulter on an education loan, approached the high court seeking relief from recovery proceedings initiated by the State Bank of Travancore citing financial hardship. The court allowed the request to remit the dues in installments. Recovery steps were stayed pending strict compliance with the payment schedule.

What did the court decide?

Recovery proceedings stayed pending remittance of Rs.5,20,000 plus interest in ten equal monthly installments commencing 23.03.2016.

Saranya Balakrishnan Vs Manager — 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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THURSDAY, THE 10TH DAY OF MARCH 2016/20TH PHALGUNA, 1937

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WP(C).No. 6404 of 2016 (A)

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PETITIONER :

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SARANYA BALAKRISHNAN D/O. V. BALAKRISHNAN, KANJIKULAM HOUSE MARUTHA ROAD POST, PALAKKAD - 678 007.

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BY ADV. SRI.MANSOOR B.H.

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RESPONDENT(S) :

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1. MANAGER STATE BANK OF TRAVANCORE, PUDUSSERY BRANCH PALAKKAD - 678 005.

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2. AUTHORISED OFFICER (TAHSILDHAR) DEPUTY TAHSILDHAR (R.R), TALUK OFFICE PALAKKAD - 678 001.

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3. VILLAGE OFFICER MARUTHU ROAD VILLAGE,

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PALAKKAD TALUK - 678 007.

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R1 BY SENIOR ADVOCATE SRI.T.SETHUMADHAVAN) BY ADV. SRI.K.JAYESH MOHANKUMAR, SC R2 & R3 BY GOVT. PLEADER SMT.LILLY K.T.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 6404 of 2016 (A)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1 - A TRUE COPY OF THE DEMAND NOTICE UNDER SEC. 7 BEARING COLLECTORATE FILE NO. 2015/82106/9 DT.31.12.2015 ISSUED BY THE THIRD RESPONDENT.

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EXT. P2 - A TRUE COPY OF THE DEMAND NOTICE PRIOR TO ATTACHMENT OF LAND BEARING COLLECTORATE FILE NO.2015/82106/9 DT. 31.12.2015 ISSUED BY THE THIRD RESPONDENT.

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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.6404 of 2016

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- - - - Dated this the 10^th day of March 2016

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JUDGMENT

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The petitioner, who had availed an education loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Revenue Recovery Act, to recover the loan amounts. Exts. P1 and P2 are the notices issued to the petitioner under 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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W.P.(c).No.6404 of 2016

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: 2 :

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(i) The total outstanding amount, in respect of the loan, is stated to be Rs.5,20,000/- together with accrued interest. Accordingly, if the petitioner remits the aforesaid amount of Rs.5,20,000/- together with accrued interest and other charges in ten equal and successive monthly installments commencing from 23.03.2016, 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 furnish the petitioner with an up-to-date statement of the dues position, within 10 days from today, so as to enable the petitioner to effect repayment as per the directions in this judgment.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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sm/

Saranya Balakrishnan v. Manager

Case brief

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Saranya Balakrishnan v. Manager

Case brief

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