Disposed

Santhosh Kumar.D v. the Secretary

Kerala HC7 Nov 2018WP(C)/32552/2018

Case brief

AI extract

What is this about?

The court, on admission of a writ petition under Art. 226 seeking to quash a demand notice and permit instalment repayment, directed the petitioner to clear the entire loan liability via ten equal monthly instalments. If paid promptly, recovery proceedings are kept in abeyance.

What did the court decide?

Directing the petitioner to pay the total dues of Rs.24,28,606/- in ten equal monthly instalments and keeping recovery proceedings in abeyance conditionally.

Santhosh Kumar.D Vs the Secretary — Consumer Protection | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY,THE 07TH DAY OF NOVEMBER 2018 / 16TH KARTHIKA, 1940

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WP(C).No. 32552 of 2018

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PETITIONER/S:

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SANTHOSH KUMAR.D AGED 52 YEARS S/O DAMODHARAN C.K. LAVANYA, NEDUMPANA P.O., KOLLAM DISTRICT

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BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA

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RESPONDENT/S:

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1 THE SECRETARY THE MAYYANADU REGIONAL CO-OPERATIVE BANK LTD NO.94, MAYYANAD, KOLLAM, PIN- 691011

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2 ASSISTANT REGISTRAR/SALE OFFICER THE CO-OPERATIVE SOCIETY CIRCLE OFFICE, KOLLAM, PIN - 691 013.

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R1 BY ADVS.

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SMT.A.JANI SRI.G.SIVASANKAR

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R2 BY SMT C.S.SHEEJA,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32552 of 2018

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JUDGMENT

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The petitioner, who availed a loan for Rs.14,00,000/- from the respondent Bank on 09.04.2013, vide loan account No.102488(10/13), by mortgaging the property in Re-survey No.390/12-2-2

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and 390/12-2-5 in Nedumpana Village, Kollam Taluk, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 notice dated 15.09.2018 issued by the 2^nd respondent. The petitioner has also sought for a writ of mandamus commanding the respondents to permit him to repay the arrears in respect of the loan transaction covered by Ext.P4 demand notice, by way of fifteen equal monthly instalments.

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On 05.10.2018, when this writ petition came

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up for admission, this Court issued urgent notice on admission by speed post to the respondents returnable within three weeks.

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WP(C).No. 32552 of 2018

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On 26.10.2018, when this writ petition came

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up for consideration, the learned counsel for the 1^st respondent Bank sought time to get instructions as to the total liability of the petitioner.

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Heard the learned counsel for the petitioner, the learned counsel for the 1^st respondent Bank and also the learned Senior Government Pleader appearing for the 2^nd respondent Assistant Registrar.

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The learned counsel for the 1^st respondent

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Bank, on instructions, would submit that the total

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liability in respect of the loan transaction covered by Ext.P4 demand notice comes to Rs.24,28,606/- as on 25.10.2018 and that, if the

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petitioner is prepared to pay off the entire dues

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together with future interest in monthly instalments, the 1^st respondent Bank has no objection in this Court granting a reasonable opportunity to the petitioner to effect such repayment.

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WP(C).No. 32552 of 2018

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The learned counsel for the petitioner

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would submit that the petitioner shall pay off the entire dues together with future interest in monthly instalments.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions :

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i) The petitioner shall pay off the entire

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liability amounting to 24,28,606/- in₹ respect of the loan transaction covered by Ext.P4 demand notice, together with future interest from

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25.10.2018, in ten equal monthly instalments commencing from 01.12.2018 and the subsequent instalments payable

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on or before the 1^st day of the succeeding months.

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ii) If the petitioner is remitting the aforesaid instalments in time, without any default, all recovery proceedings

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WP(C).No. 32552 of 2018

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pursuant to Ext.P4 demand notice shall be kept in abeyance, so as to enable the petitioner to pay off the amount 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 coercive steps.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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WP(C).No. 32552 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF RELEVANT PAGES OF PASS BOOK IN LOAN ACCOUNT NO.102488.
EXHIBIT P2	A TRUE COPY OF MEDICAL DIAGNOSE REPORT DATED 07/05/2018.
EXHIBIT P2 A	A TRUE COPY OF DISCHARGE SUMMARY.
EXHIBIT P3	A TRUE COPY OF MEDICAL DIAGNOSE REPORT DATED 02/11/2015.
EXHIBIT P4	A TRUE COPY OF NOTICE DATED 15/09/2018.

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AV/8/11

Santhosh Kumar.D v. the Secretary

Case brief

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What did the court decide?

Santhosh Kumar.D v. the Secretary

Case brief

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