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Rasiya N.K v. the Regional Manager

Kerala HC31 May 2016WP(C)/8776/2016

Case brief

AI extract

What is this about?

In this writ petition challenging bank recovery proceedings for a gold loan, the petitioner undertook to clear the outstanding amount within one month. The Court granted a stay on the bank's proceedings conditional upon timely repayment.

What did the court decide?

Procedings initiated for recovery of gold loan tenure shall be deferred until the expiry of one month period after which petitioner shall liquidate the outstanding amount.

Rasiya N.K Vs the Regional Manager — Contract and Commercial Disputes | 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 P.B.SURESH KUMAR

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TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938

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WP(C).No. 8776 of 2016 (V)

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PETITIONER(S) :

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RASIYA N.K, D/O.KADERKUNJU, NEDUVELIKUDI HOUSE, THOTTUMUGHAM P.O., ALUVA, PIN: 683 105.

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BY ADVS.SRI.M.C.JOHN SRI.ACHAMMA KURIEN

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RESPONDENT(S) :

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1. THE REGIONAL MANAGER, REGIONAL OFFICE, BANK OF BARODA, VASUDEVA BUILDING, T.D.ROAD, ERNAKULAM.

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2. BANK OF BARODA, REP: BY THE CHIEF MANAGER, ALWAYE BRANCH, SUB JAIL ROAD, ALUVA 683 101.

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BY ADVS. SRI.K.M.ANEESH

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SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.BIJU VARGHESE ABRAHAM SRI.ADARSH KUMAR SRI.DILEEP CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 8776 of 2016 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1: TRUE COPY OF THE APPOINTMENT SLIP DATED 17/12/2015 ISSUED BY THE REGIONAL CANCER CENTRE.

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P2: TRUE COPY OF THE REPRESENTATION DATED 08/02/2016 SUBMITTED TO THE 1ST RESPONDENT.

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P3: TRUE COPY OF THE NOTICE NO.BOB/ADV/59/510 DATED 01/03/2016 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

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W.P.(C)No.8776 of 2016

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-----------------------------------------------Dated this the 31^st day of May, 2016

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JUDGMENT

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The proceedings initiated by the second respondent bank for realisation of the outstanding in the gold loan account of the petitioner is under challenge in this writ petition.

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When this matter was taken up for admission today, the learned counsel for the petitioner undertook that the loan outstanding will be liquidated by the petitioner within one month from today, and prayed for a direction to keep in abeyance the proceedings initiated against the petitioner till then.

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Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ

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W.P.(C)No.8776 of 2016

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petition, permitting the petitioner to pay the amounts outstanding in the loan account within one month from today. Ordered accordingly. The proceedings initiated against the petitioner shall be deferred until the expiry of the said period of one month.

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P.B.SURESH KUMAR, JUDGE.

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smm

Rasiya N.K v. the Regional Manager

Case brief

What is this about?

What did the court decide?

Rasiya N.K v. the Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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