Partly allowed

Sasikumar v. the Senior Manager

Kerala HC2 Jul 2018RP/422/2018

Case brief

AI extract

What is this about?

This review petition sought to modify an order granting liberty to pay loan dues in installments. The High Court directed payment of outstanding overdue amounts by 31.03.2019 to prevent the bank from recovering amounts in lumps under the law.

What did the court decide?

Direction to pay outstanding amounts in installments completing on 31.03.2019. Modification of previous judgment to specify this deadline.

Sasikumar Vs the Senior Manager — Contract and Commercial Disputes | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶3

MONDAY, THE 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940

¶4

RP.No. 422 of 2018 IN WPC. 3535/2018

¶5

AGAINST THE JUDGMENT IN WP(C) 3535/2018 of HIGH COURT OF KERALA DATED 06-04-2018

¶6

REVIEW PETITIONER

¶7

SASIKUMAR S/O. VASU AGED 57 YEARS, RESIDING AT PATTARPALLAMKALAM, MUTHALAMADA,PALAKKAD - 678 507.

¶8

BY ADV.SRI.B.SAJEEV KUMAR

¶9

RESPONDENT(S)

¶10

1. THE SENIOR MANAGER INDIAN OVERSEAS BANK, 15/90 E, NH 47, KANJIKODE BRANCH, PALAKKAD - 678 621.

¶11

2. THE TAHSILDAR (RR), O/O THE TAHSILDAR, CHITTUR TALUK,PALAKKAD - 678 101.

¶12

3. THE VILLAGE OFFICER, MUTHALAMADA VILLAGE OFFICER, PALAGHAT - 678 507./

¶13

R2 & R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M. MANOJ R1 BY SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK

¶14

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-07-2018 ALONG WITH R.P.NO.431/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

RP.No. 422 of 2018 IN WPC. 3535/2018

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS

¶18

ANNEXURE A1 : CERTIFIED COPY OF THE JUDGMENT DATED 06.04.2018 IN WP(C) 3535/2018.

¶19

ANNEXURE A2 : TRUE COPY OF LETTER DATED 05.05.2018 ISSUED BY THE FIRST RESPONDENT

¶20

RESPONDENT(S)' EXHIBITS : NIL -----------------------

//TRUE COPY//

PA TO JUDGE

SPV

SHAJI P. CHALY, J.

¶25

- - - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.422 of 2018 in W.P.(C) No.3535/2018 &

¶26

R.P.No.431 of 2018 in W.P.(C).No.3553/2018

¶27

- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of July, 2018

¶28

O R D E R

¶29

These review petitions are filed by the petitioners in the writ petitions seeking to review the judgment dated 06.04.2018. In fact, the writ petitions were disposed of, granting liberty to the petitioners to pay the entire outstanding amounts due to the 1^st respondent Bank in twelve equated monthly installments starting from 24.04.2018. Now the review petition is filed by the petitioners stating that, in fact the petitioners intended only to clear the overdue amounts due to the 1^st respondent Bank in twelve equated monthly installments, since there is sufficient repayment period available with the bank.

¶30

I have heard learned counsel for the petitioners and learned Standing Counsel appearing for the Bank and perused the pleadings and the documents on record.

¶31

Learned counsel for the petitioners reiterated the contentions in these review petitions. Learned Standing Counsel for the Bank submitted that, an amount of Rs.9,29,361/- (Rupees

¶32

R.P.No.422 of 2018 & R.P.No.431 of 2018

¶33

-:2:-

¶34

Nine Lakhs Twenty Nine Thousand Three Hundred and Sixty One only) and Rs.22,09,106/- (Rupees Twenty Two Lakhs Nine Thousand One Hundred and Six only) are the overdue amounts due from the petitioners and petitioners have time up to 2020 for repayment of the loan amounts. It is also pointed out that, unless and until petitioners are making the payment on or before 31.03.2019, the loan account cannot be removed from the nonperforming assets. So that a direction also may be issued to the petitioners to pay the overdue amounts on or before 31.03.2019.

¶35

Having regard to the facts and circumstances of the case, and taking into account the adverse financial and economic situations prevailing in the community, I think it is only appropriate that, the petitioners are permitted to pay the outstanding overdue amounts on or before 31.03.2019. Therefore, there will be a direction to the petitioners to pay the outstanding amounts as specified above in installments completing on 31.03.2019, along with regular installments starting from 16.07.2018 and on the corresponding succeeding months. I make it clear that, if any of the direction is violated,

¶36

R.P.No.422 of 2018 & R.P.No.431 of 2018

¶37

-:3:-

¶38

the respondent Bank will be at liberty to proceed in accordance with law and recover the amounts in lump. The judgment of this

¶39

Court is modified to the above extent.

¶40

This review petitions are disposed of accordingly.

¶41

Sd/-

¶42

SHAJI P. CHALY JUDGE

¶43

SPV/ 03.07.2018

¶44

//TRUE COPY//

¶45

PA TO JUDGE

Sasikumar v. the Senior Manager

Case brief

What is this about?

What did the court decide?

Sasikumar v. the Senior Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.a.Abraham Vs a.Shynamol

Santhosh S Vs Kamalavardhana Rao

Knm Arts & Science College Vs P.K.Radhakrishnan

Smitha Liju Vs State of Kerala

Sherly Vs District Level Authorized Committee

Bappu Vadakkayil Vs the Tanoor Municipality