Petitioner challenged excessive interest on a 2009 agricultural loan. High Court noted bank took no coercive recovery action and interest followed the agreement. Court disposed of petition without deciding merits, leaving liberty to approach bank.
Writ petition disposed of; liberty granted to petitioner to approach the bank if aggrieved.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939
WP(C).No. 18290 of 2017 (I)
PETITIONER:
AMBILY SIVANKUTTY., AGED 40 YEARS, W/O. SIVANKUTTY, KALEECKAL VADAKKATHIL, PAVUMBA SOUTH, PAVUMBA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
RESPONDENT(S):
1. UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF FINANCE DEPARTMENT, NEW DELHI - 1
2. MANAGER, FEDERAL BANK, THODIYOOR BRANCH, KOLLAM - 691 001.
R1 BY SRI.N.NAGARESH, BY SMT.KEERTHI SOLOMON, CGC R2 BY ADVS. SRI.A.ANTONY SMT.LEELAMMA ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 18290 of 2017 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE OF RESPONDENT BANK.
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.C. NOO.20287/2016. EXHIBIT P4 TRUE COPY OF THE DECISION TAKEN BY THE LEGAL SERVICE COMMITTEE KARUNAGAPPALLY IN PLP NO. 441/2016 DATED 20.01.2017.
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
SHAJI P. CHALY, J.
W.P.(C) No.18290 of 2017
----------------------------------------------Dated this the 8th day of December, 2017
J U D G M E N T
Petitioner availed an agricultural loan of Rs.8,00,000/-
from the respondent bank in the year 2009. According to the petitioner, interest charged against the loan availed by the petitioner is excessive.
Sd/- SHAJI P. CHALY JUDGE
smv 8.12.2017
1 issue framed by the court
Whether the writ petition challenging the excessive interest charged on an agricultural loan should be disposed of in view of the lack of coercive recovery action by the bank.
Ambily Sivankutty
Union of India represented by Secretary to Ministry of Finance Department, New Delhi
Manager, Federal Bank, Thodiyoor Branch, Kollam
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
