Dismissed

Kaja Hussain a v. the Authorised Officer and Another

Kerala HC17 Jan 2017WP(C)/118/2017

Case brief

AI extract

What is this about?

Court disposed of writ petition challenging bank recovery proceedings. With liability admitted, court directed 1st respondent to issue account statement, allowed ten monthly instalments, kept recovery in abeyance subject to compliance, and revived proceedings upon two defaults. Petition dismissed with conditions.

What did the court decide?

Statement of account issued, ten monthly instalments granted; recovery kept in abeyance contingent on payment; proceedings revive upon two defaults; proceeds unenforceable upon full satisfaction.

Kaja Hussain a Vs the Authorised Officer and… — Contract and Commercial Disputes | 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 MR.JUSTICE K.VINOD CHANDRAN

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TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938

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WP(C).No. 118 of 2017 (L)

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PETITIONER(S):

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KAJA HUSSAIN. A.,

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AGED 61 YEARS, S/O ASSAN MUHAMMED RAWTHER, KALLANGATTIL HOUSE, KILIYALLUR, CHERAMANGALAM P.O., PALAKKAD.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL),

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RESPONDENT(S):

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1. THE AUTHORISED OFFICER, THE FEDERAL BANK LTD., ASSET RECOVERY BRANCH, FEDERAL TOWERS, MAVOOR ROAD, KOZHIKODE-673 001.

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2. THE FEDERAL BANK LTD., NEMMARA BRANCH, ALATHUR, PALAKKAD, REPRESENTED BY ITS MANAGER, PIN-678 541.

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BY ADVS. SRI.K.MADHUSOODANAN, SRI.T.G.PAUL, SRI.RATHANKUMAR RAJARAM KAMATH, SRI.MATHEW JACOB (KUNNATHU), SRI.SYRIAC JOSEPH.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 118 of 2017 (L)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1: TRUE COPY OF THE POSSESSION NOTICE DATED 08.01.2016 ISSUED BY THE IST RESPONDENT.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. VINOD CHANDRAN, J.

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=====================

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W.P.(C)No.118 of 2017 - L

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========================= Dated this the 17^th day of January, 2017

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J U D G M E N T

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The petitioner is aggrieved with the recovery proceedings initiated by the respondent Bank against the property of the petitioner; mortgaging which the petitioner's daughter-in-law has availed an agricultural cash credit facility from the respondent Bank. The liability and the default is admitted and the only contention is against failure to intimate quantification. The learned Standing Counsel for the respondent Bank submits that Rs.8,32,856/- is the total dues as on 31.03.2016. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:-

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(i) The 1^st respondent shall issue statement of account as on 31.01.2017 and grant ten monthly instalments for the payment of the balance dues, starting from 17.02.2017.

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W.P.(C)No.118/2017

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(ii) Recovery proceedings shall be kept in abeyance

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on condition of the remittances as per this order being made without any default.

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(iii) On the petitioner making two defaults, the

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recovery steps initiated shall revive and continue.

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(iv) On the 10^th instalment being satisfied, the respondent shall issue a statement of the arrears due and interest accrued from 31.01.2017, which shall be satisfied by the petitioner on the 17^th of the next succeeding month.

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(v) On the petitioner satisfying the entire arrears,

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the recovery proceedings shall be unenforceable.

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Writ Petition is disposed of as above, making it clear

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that the respondent will be free to proceed with the recovery if the above conditions are not complied with.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/17/01/2017

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// true copy //

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P.A to Judge

Kaja Hussain a v. the Authorised Officer and Another

Case brief

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Kaja Hussain a v. the Authorised Officer and Another

Case brief

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