Allowed

Sahadevan v. Ponnani Shakarana Karshika Grama Vikasana Bank

Kerala HC16 Feb 2018WP(C)/2173/2018

Case brief

AI extract

What is this about?

The High Court, exercising jurisdiction under Article 226, allowed the writ petition regarding a farmer's loan repayment dispute. The court directed the bank to re-schedule the loan over ten months, kept recovery proceedings in abeyance upon timely payment, and allowed further steps in case of default.

What did the court decide?

Quashed sale notice and directed repayment of ₹4,25,135 in ten monthly installments starting 2.3.2018; recovery proceedings kept in abeyance on timely payment.

Sahadevan Vs Ponnani Shakarana Karshika Grama Vikasana… — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939

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WP(C).No. 2173 of 2018

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PETITIONER:

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SAHADEVAN, S/O.VELAYUDHAN, KOTTAPADATHU, THRIKKANNAPURAM, THAVANOOR, VELLANCHERRY, MALAPPURAM DIST.

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BY ADVS.SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN SMT.R.S.SREEVIDYA

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RESPONDENT(S):

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1. PONNANI SAHAKARANA KARSHIKA GRAMA VIKASANA BANK, LTD. NO.M.398, P.O.PONNANI, MALAPPURAM - 679 577, REPRESENTED BY ITS SECRETARY.

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2. THE SPECIAL SALE OFFICER, PONNANI SAHAKARANA KARSHIKA GRAMA VIKASANA BANK, LTD.NO.M.398, P.O.PONNANI, MALAPPURAM -679 577.

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R2 BY SR GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 2173 of 2018 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE PHOTOCOPY OF THE NOTICE IS DATED 28.02.2014 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 18.12.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE MATHRUBHUMI DAILY DATED 31.12.2017.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

ANIL K. NARENDRAN, J. ----------------------------------------------W.P(C) No.2173 of 2018

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Dated this the 16^th day of February, 2018

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J U D G M E N T

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The petitioner, who availed loans for 2 lakhs from the 1₹ st respondent Bank in the year 2008 after pledging his property having an extent of 15.47 cents comprised in Re-survey No.227/2C of Thavannoor Village of Ponnani Taluk, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Exts.P1 to P3 notices and a writ of mandamus commanding the respondents to re-schedule the loans so as to enable him to clear the liability within the period fixed for the closure of the loan accounts. The petitioner has also sought for other consequential reliefs.

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On 22.1.2018 when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2 returnable within three weeks.

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Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the 2^nd

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W.P(C) No.2173 of 2018 :2:

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respondent. Despite service of notice none appeared for the 1^st respondent Bank.

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The learned counsel for the petitioner would submit that the total liability as per Ext.P3 sale notice issued by the 1^st respondent Bank comes to 4,25,135/- as on 31.12.2017 and₹ that, the petitioner is prepared to pay off the entire dues in monthly instalments, for which he requires a reasonable time.

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Having considered the submission made by the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the 2^nd respondent, this writ petition is disposed of with the following directions:

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i) The petitioner shall pay off the entire amount outstanding in respect of the loan transactions in question amounting to 4,25,135/-, as shown in₹ Ext.P3 sale notice (Sl.No.9), together with future interest, in ' ten ' equal monthly instalments, commencing from 2.3.2018 and the subsequent instalments payable on or before the 2^nd day of the succeeding months.

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ii) If the petitioner is remitting the aforesaid

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W.P(C) No.2173 of 2018 :3:

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instalments in time, without any default, all the recovery proceedings pursuant to Ext.P3 sale notice, in so far as it relates to the sale of the petitioner's property (Sl.No.9), shall be kept in abeyance, so as to enable him to pay off the entire dues as above.

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iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, it would be open to the respondents to proceed further with the recovery steps initiated against the petitioner, in accordance with law.

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Sd/ANIL K. NARENDRAN JUDGE

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//True Copy//

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P.A to Judge

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ab.

Sahadevan v. Ponnani Shakarana Karshika Grama Vikasana Bank

Case brief

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Sahadevan v. Ponnani Shakarana Karshika Grama Vikasana Bank

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