This Writ Appeal and connected Review Petition were dismissed. The High Court refused to grant further indulgence to a chronic loan defaulter who had violated a previous order allowing installment repayments by accepting to pay reduced installments and then defaulting again.
The review petition and the connected writ appeal were dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 7TH DAY OF JULY 2017/16TH ASHADHA, 1939
WA.No. 1346 of 2017 () IN WP(C).19168/2017
AGAINST THE JUDGMENT IN WP(C) 19168/2017 DATED 09-06-2017
APPELLANT(S)/PETITIONER:
VENUGOPALAN NAIR
S/O NARAYANAN NAIR, AGED 53 YEARS KALARIKKAL HOUSE, KADAYIRUPPU P.O. KOLENCHERY, ERNAKULAM- 682 311
BY ADV. SRI.PAUL K.VARGHESE
RESPONDENT(S)/RESPONDENTS:
1. BANK OF INDIA REPRESENTED BY THE AUTHORIZED OFFICER AND CHIEF MANAGER, ERNAKULAM, PIN- 682 016
2. THE BRANCH MANAGER BANK OF INDIA, MULAKKULAM SOUTH BRANCH, NEAR LAKSHMAN SWAMY TEMPLE, KOTTAYAM- 686 610
R1-R2 BY ADV. SRI.J.HARIKUMAR, SC, BANK OF INDIA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07-07-2017, ALONG WITH RP.553/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
Navaniti Prasad Singh, C.J. & Raja Vijayaraghavan V., J.
W.A. No. 590 of 2017
JUDGMENT
Navaniti Prasad Singh, C.J.
Heard learned counsel for the review petitioner. The review petitioner was a chronic defaulter in repayment of the financial accommodation as received by him from the respondent-Bank of India. In spite of that, this Court granted indulgence by order dated 28.03.2017 passed in W.A. No.590 of 2017. Having accepted the order granting indulgence to repay the debts in installments, the appellant immediately defaulted. This review petition has been filed seeking further indulgence.
W.A. No. 1346 of 2017 and R.P. No. 553 of 2017 in W.A. No. 590 of 2017
-:2:-
W.P.(C) No. 19168 of 2017 which was in limine dismissed on
09.06.2017 and hence the writ appeal No.1346 of 2017.
We, therefore, find no merit in the review petition nor in the connected appeal. Both the cases are accordingly dismissed.
Sd/- Navaniti Prasad Singh, Chief Justice
Sd/-
Raja Vijayaraghavan V., Judge
ttb/07/07
2 issues framed by the court
Whether further indulgence regarding loan installment repayment can be granted to a chronic defaulter who violated the earlier order.
Whether the writ appeal and connected review petition merit allowance given the default by the appellant.
Venugopalan Nair
Bank of India
Navaniti Prasad Singh
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
