Disposed

R. Ananthapadmanaban v. Bank of India

Kerala HC20 Jun 2017WP(C)/6662/2017

Case brief

AI extract

What is this about?

Disposes of writ petition challenging revenue recovery proceedings against a gold loan defaulting petitioner. Directs bank to decide on petitioner's representation within six weeks and stays further recovery actions pending that decision.

What did the court decide?

Directs first respondent to decide on Ext.P2 representation within six weeks; further revenue recovery proceedings to be deferred until decision.

R. Ananthapadmanaban Vs Bank of India — Consumer Protection | 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 P.B.SURESH KUMAR

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TUESDAY, THE 20TH DAY OF JUNE 2017/30TH JYAISHTA, 1939

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WP(C).No. 6662 of 2017 (G)

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PETITIONER:

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R. ANANTHAPADMANABAN S/O.RAMASUBRAMANIAN,HOUSE NO.83,VINAYAK NAGAR, NEERAMANKARA,PAPPANAMCODE.P.O,THIRUVANANTHAPURAM-695018.

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BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.ASWIN.P.JOHN

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RESPONDENTS:

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1. BANK OF INDIA,, NEERAMANKARA BRANCH,KAIMANAM.P.O,THIRUVANANTHAPURAM-

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695040,REPRESENTED BY ITS BRANCH MANAGER.

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2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 695 001

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3. DEPUTY TAHSILDAR(RR), THIRUVANANTHAPURAM. 695 001

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R1 BY ADV. SRI.P.C.CHACKO SC BY GOVERNMENT PLEADER SRI. SURIN GEORGE IYPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 20-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/-

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WP(C).No. 6662 of 2017 (G) ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE RR NOTICE NO.R.R.2015/15061 DATED 12.9.2015 EXHIBIT P1(A) THE TRUE COPY OF THE RR NOTICE NO.R.R.2015/15071 DATED 12.9.2015 EXHIBIT P1(B) THE TRUE COPY OF THE RR NOTICE NO.R.R/2015/1500 DATED 19.9.2015 EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 20.1.2017 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS. RESPONDENT(S)' EXHIBITS NIL ----------------------------------------

/TRUE COPY/

PA TO JUDGE

sdr/-

P.B.SURESH KUMAR, J.

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--------------------------------------------

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W.P.(C).No.6662 of 2017

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---------------------------------------------------------------

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Dated this the 20^th day of June, 2017

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J U D G M E N T

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The petitioner had availed three gold loans from the first respondent bank. Since the petitioner could not repay the loans, he requested the bank to sell the gold ornaments pledged by him and adjust the proceeds against the liability. The case of the petitioner is that the bank had not acted upon the said request made by the petitioner then. Instead, it is alleged that the bank had sold the ornaments after sometime. As such, it is alleged that the proceeds of the gold ornaments were not sufficient to liquidate the entire liability. The bank, in the circumstances, initiated revenue recovery proceedings against the petitioner for realisation of the balance amount. This writ petition is preferred challenging the said revenue recovery proceedings.

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Heard the learned counsel for the petitioner as

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W.P.(c).No.6662 of 2017 : 2 :

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also the learned Standing Counsel for the bank.

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The case of the petitioner is that had the bank acted upon the request of the petitioner to sell the gold ornaments at the relevant time, the proceeds would have been sufficient and in the circumstances, the petitioner may not be fastened with the liability to pay the balance. The petitioner has submitted Ext.P2 representation pointing out the said grievance before the first respondent.

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Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the first respondent to take a decision on Ext.P2 representation within six weeks from the date of receipt of a copy of this judgment. Needless to say that until a decision is taken on Ext.P2, further proceedings under the Revenue Recovery Act against the petitioner shall be deferred.

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Sd/- P.B.SURESH KUMAR JUDGE

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rsr

R. Ananthapadmanaban v. Bank of India

Case brief

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R. Ananthapadmanaban v. Bank of India

Case brief

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