Allowed

Razia Rahim v. the Regional Manager

Kerala HC13 Jan 2017WP(C)/820/2017

Case brief

AI extract

What is this about?

A guarantor seeking relief from recovery proceedings initiated by a bank admitted the liability and default but contested the failure to intimate quantification. The High Court disposed of the writ petition on terms allowing installment payment of balance dues, keeping recovery in abeyance subject to compliance, and restoring recovery steps upon default.

What did the court decide?

Ten monthly instalments allowed for payment of balance dues starting from 13.02.2017; recovery proceedings kept in abeyance subject to no default; recovery steps to revive on two defaults.

Razia Rahim Vs the Regional Manager — 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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FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938

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WP(C).No. 820 of 2017 (B)

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PETITIONER :

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RAZIA RAHIM, AGED 50 YEARS, W/O.RAHIM, THUNDIL HOUSE, MANAKKARA MURI, SASTHAMCOTTA.P.O., KOLLAM-690 521.

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BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

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RESPONDENT(S):

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1. THE REGIONAL MANAGER, BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS, KALOOR-KADAVANTHARA ROAD, KOCHI-682 017.

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2. THE MANAGER, BANK OF INDIA, PANMANA BRANCH, CHAVARA, KOLLAM DISTRICT-691 583.

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3. THE AUTHORIZED OFFICER, (CHIEF MANAGER), BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KALOOR TOWERS, KALOOR - KADAVANTHARA ROAD, KOCHI-682 017.

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BY ADV. SRI.K.M.ANEESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 820 of 2017 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 19.1.2012.

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EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT FURNISHED BY THE RESPONDENT BANK.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K. VINOD CHANDRAN, J.

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===================== W.P.(C)No.820 of 2017 - B

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========================= Dated this the 13^th day of January, 2017

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J U D G M E N T

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The petitioner, a guarantor, of a loan availed by her,

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is aggrieved by the recovery proceedings initiated against her for default committed by the borrower. 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.12,96,000/- is the total dues as on 12.01.2017. The petitioner seeks for regularisaiton, but the learned Standing Counsel for the respondent Bank submits that twice the loan account has been regularised and the borrower is a chronic defaulter. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following

W.P.(C)No.820/2017

terms:-

(i) The 1^st respondent shall grant ten monthly

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instalments for the payment of the balance dues, starting from 13.02.2017.

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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

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respondent shall issue a statement of the interest accrued from 12.01.2017, which shall be satisfied by the petitioner on the

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13^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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W.P.(C)No.820/2017

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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

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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/13/01/2017

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// true copy //

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P.A to Judge

Razia Rahim v. the Regional Manager

Case brief

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Razia Rahim v. the Regional Manager

Case brief

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