Petitioner aggrieved by revenue recovery for education loan default. Pending reopen of petition due to recourse taken by the bank following interim stay on recovery initiatives.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938
OP (DRT).No. 18 of 2015 (O)
O.A.NO. 234/2014 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER(S) :
MAHALAKSHMI T.,
D/O.K.K.THILAKARAJAN, VALLUVANTHARA, MUHAMMA P.O., ALAPPUZHA
BY ADV. SMT.PREMLATHA K.NAIR
RESPONDENT(S) :
1. STATE BANK OF TRAVANCORE, (SPECIAL BRANCH OF WOMEN ENTREPRENEURS), REPRESENTED BY ITS BRANCH MANAGER, MUHAMMA BRANCH, ALAPPUZHA, PIN 679 001.
2. DEPUTY TAHASILDAR, TALUK OFFICE, CHERTHALA, ALAPPUZHA DISTRICT, PIN- 688 001.
R1 BY ADV. SRI.R.S.KALKURA, S.C ADDL.R2 BY SR. GOVERNMENT PLEADER SRI.C.P.PRADEEP
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING BEEN FINALLY HEARD ON 12-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP (DRT).No. 18 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J.
O.P.(DRT) No. 18 of 2015 (D)
-----------------------------------------Dated: 12th January, 2017
J U D G M E N T
The petitioner was aggrieved with the Revenue Recovery proceedings initiated for realisation of default in an Education loan availed from the respondent Bank. There was an interim stay of recovery granted by this Court in the original petition, taking into account the fact that the Government had imposed a moratorium on the Revenue Recovery proceedings issued for recovery of Education loans.
O.P.(DRT) No. 18/2015
-2-
taking any proceedings against the petitioner, the petitioner's remedies would be left open.
Recording the undertaking of the respondent Bank,
the O.P.(DRT) is closed.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 12/1/17
2 issues framed by the court
Whether the open petition regarding revenue recovery proceedings for an education loan deficiency should be allowed to remain open given the transfer of assets to ARC.
Whether the interim stay granted on Revenue Recovery proceedings warranted the continuation of the legal controversy.
MAHALAKSHMI T.
STATE BANK OF TRAVANCORE
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
