Disposed

Geetha Puthiyapurayil v. District Collector, Kannur

Kerala HC27 Mar 2017WP(C)/35447/2016

Case brief

AI extract

What is this about?

In a writ petition seeking installment facility for an outstanding educational loan, the High Court directed the petitioner to pay the amount in 12 equated monthly installments starting April 2017, with liberty to proceed against the bank in case of default.

What did the court decide?

Directed to pay outstanding amount and accrued interest in 12 equated monthly installments starting from 15.4.2017.

Geetha Puthiyapurayil Vs District Collector, Kannur — 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 MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 27TH DAY OF MARCH 2017/6TH CHAITHRA, 1939

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WP(C).No. 35447 of 2016 (E)

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PETITIONER(S) :

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GEETHA PUTHIYAPURAYIL,

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D/O. KUNJIKANNAN, AGED 50 YEARS, GEETHALAYAM, MADNOOR P.O., KANNUR DISTRICT.

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BY ADVS. SRI.I.V.PRAMOD SRI.K.V.SASIDHARAN

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RESPONDENT(S) :

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1. DISTRICT COLLECTOR, COLLECTORATE, KANNUR-670 001.

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2. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), COLLECTORATE, KANNUR-670 001.

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3. MANAGER, SYNDICATE BANK, MATHAMANGALAM BRANCH, P.O. M.M. BAZAR, KANNUR DISTRICT-670 306.

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R1 & R2 BY SR. GOVERNMENT PLEADER SRI. SANTHOSH PETER

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R3 BY ADV. SRI.R.S. KALKURA, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 35447 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: A TRUE COPY OF THE DEMAND NOTICE DATED 28.07.2016 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2: A TRUE COPY OF THE LETTER DATED 12.08.2016 ISSUED BY THE 3RD RESPONDENT TO VILLAGE OFFICE CHERUTHAZHAM.

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EXHIBIT P3: A TRUE COPY OF THE REPRESENTATION DATED 06.10.2014.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). No.35447 of 2016

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Dated this the 27^th day of March, 2017

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JUDGMENT

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Petitioner' son viz., K.P. Ramil availed an educational loan from the 3^rd respondent bank 6 years back to prosecute his Engineering course. Though he completed his course successfully, he could not find out a proper job and therefore, could not repay the amount as is expected and is agreed upon. On the request of the 3^rd respondent, 2^nd respondent initiated revenue recovery proceedings to realise an amount of Rs.5,99,000/- with other charges. According to the petitioner, petitioner is in a very poor financial state of affairs and therefore, she requires installment facility to repay the amount outstanding. It is thus seeking appropriate direction, this writ petition is filed.

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Heard learned counsel for the petitioner, learned Standing Counsel, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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Learned counsel for petitioner reiterated the

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W.P.(C). No.35447 of 2016

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contentions raised in the writ petition and submitted that, petitioner may be permitted to repay the amount in 25 equated monthly installments. Same is stoutly opposed by the learned standing counsel appearing for the bank. It is also submitted that, the loan was availed in the year 2001 and same has become NPA in the year 2013 and petitioner was provided with an OTS facility and taking advantage of the same, petitioner has paid Rs.1,00,000/-. However, defaulted again, consequent to which, bank has no other alternative than to proceed under the provisions of the Kerala Revenue Recovery Act.

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Taking note of the respective submissions made across the Bar and the fervent plea made by the petitioner to permit her to pay the amount in reasonable monthly installments, I think it is only appropriate that, an opportunity is provided to the petitioner.

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Therefore, there will be a direction to the petitioner to pay the outstanding amount, which according to the bank is Rs,7,87,561/-, as on 8.11.2016 along with accrued interest in

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W.P.(C). No.35447 of 2016

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12 equated monthly installments starting from 15.4.2017 and on the corresponding date of the succeeding months. Needless to say, if any of the installment is defaulted, bank will be at liberty to proceed in accordance with law, resurrecting the proceedings pursuant to Ext.P1 and secure the amount in lump.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 27.03.2017

Geetha Puthiyapurayil v. District Collector, Kannur

Case brief

What is this about?

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Geetha Puthiyapurayil v. District Collector, Kannur

Case brief

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