Disposed

Veeran Haji.K v. Regional Manager, State Bank of India

Kerala HC5 Jul 2017WA/1400/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ appeal where the appellant sought to extend loan instalment term from 12 to 15 months. The court directed the bank to reissue the account statement reflecting the extended 15-month repayment schedule along with interest.

What did the court decide?

Directed the Bank to reissue the account statement fixing the payment in 15 equal monthly instalments.

Veeran Haji.K Vs Regional Manager, State Bank of India — Banking and Recovery | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939

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WA.No. 1400 of 2017 () IN WP(C).16927/2017 --------------------------------------------

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AGAINST THE JUDGMENT IN WP(C) 16927/2017 DATED 30-05-2017

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APPELLANT(S)/PETITIONER:

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VEERAN HAJI.K S/O.ABDULLA HAJI, AGED 72 YEARS, KUNNATH HOUSE, CHERUKODE, VALLAPPUZHA, PATTAMBI, PALAKKAD DISTRICT

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BY ADV. SRI.K.MOHANAKANNAN

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RESPONDENT(S)/RESPONDENTS:

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1. REGIONAL MANAGER, STATE BANK OF INDIA REGIONAL OFFICE, 2ND FLOOR, PARAKKAL BUILDING, POST OFFICE ROAD, SHORNUR.

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2. THE BRANCH MANAGER VALLAPUZHA BRANCH, C.T COMPLEX, VALLAPUZHA, PATTAMBI, PALAKKAD DISTRICT

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R1- R2 BY SRI.AMAL GEORGE

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.NO. 1400 OF 2017

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A1 :- TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 7.6.2017 ISSUED BY THE BANK.

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ANNEXURE A2 :- TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK

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RESPONDENT'S EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

sou.

Navaniti Prasad Singh, CJ &

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Raja Vijayaraghavan V, J

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W.A. No. 1400 of 2017

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--------------------------------------------------------------Dated this the 5^th day of July, 2017

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J U D G M E N T

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Navaniti Prasad Singh, CJ

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Appellant is aggrieved by the order of the learned Single Judge dated 30.5.2017 in W.P(C). No.16927 of 2017 whereby the appellant has been permitted to liquidate the outstanding dues of the State Bank of India pertaining to an agricultural loan amounting to about Rs.13.63 Lakhs in 12 equal monthly instalments.

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Learned counsel for the appellant states that being an agricultural loan, the appellant is entitled to certain incentives as per the various guidelines of Reserve Bank of India. We would not like to go into that question as there are no specific pleadings. However, we will observe that if there is any incentive made available by the Reserve Bank of India in respect of agricultural loan, the State Bank would be well advised to extend the same to the appellant. It is next submitted that the instalments due as communicated by the Bank vide AnnexureA1 is slightly beyond the appellant's capacity. He submitted that

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W.A.1400/17

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as the Bank is not interested in the agricultural land but it interested only in repayment, the appellant may be permitted to repay the total outstanding of the loan in 15 equal instalments along with interest instead of 12 instalments.

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We have considered the matter. In our view, the prayer cannot be said to be unreasonable. The Bank is not interested in the landed property. It is interested in securing its payment. Considering the aforesaid, we direct the Bank to reissue the letter dated 7.6.2017 (Annexure A1) fixing the payment in 15 equal monthly instalments instead of 12 as shown therein so that the appellant can repay the amount of loan and liquidate the liability. Let it be noted that in case of any default, the Bank would be free to immediately proceed to take such steps as it may advised in law.

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With this observation and direction this appeal stands disposed of.

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Sd/Navaniti Prasad Singh, Chief Justice

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Sd/Raja Vijayaraghavan V, Judge

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sou.6/7.

Veeran Haji.K v. Regional Manager, State Bank of India

Case brief

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Veeran Haji.K v. Regional Manager, State Bank of India

Case brief

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