Allowed

Hassan V.M v. the Chalakudy Taluk Primary Co-Operative Agricultural & Rural Development Bank

Kerala HC4 Dec 2018WP(C)/3829/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition for habeas corpus/commanding the Bank to reconsider representation and permit loan renewal, directed the Bank to allow the petitioners to pay overdues in three monthly instalments if admitted remittances are made, and kept recovery proceedings in abeyance pending such payment.

What did the court decide?

Permitted repayment of loan overdues in three equal monthly instalments commencing 18.12.2018; recovery proceedings kept in abeyance pending payment.

Hassan V.M Vs the Chalakudy Taluk Primary Co-Operative… — Company and Corporate | 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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TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

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WP(C).No. 3829 of 2018

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PETITIONER/S:

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1 HASSAN V.M AGED 41 YEARS, S/O.MUHAMMAD, VALAKKUNDIL HOUSE, PALAPPILLY P.O., VARANDARAPPILLY VILLAGE, CHALAKUDI TALUK, THRISSUR DISTRICT.

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2 NASEERA

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W/O.HASSAN V.M., VALAKKUNDIL HOUSE, PALAPPILLY P.O., VARANDARAPPILLY VILLAGE, CHALAKUDI TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENT/S:

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1 THE CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, R-1452 KODAKARA BRANCH, KODAKARA P.O., THRISSUR DISTRICT, PIN-680684, REPRESENTED BY ITS MANAGER/SECRETARY.

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2 THE SPECIAL SALE OFFICER THE CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO.R 1452,HEAD OFFICE, CHALAKUDY, THRISSUR DISTRICT, PIN-680307.

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BY ADV. SRI.T.R.HARIKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3829 of 2018

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JUDGMENT

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The petitioners, who availed loans from the

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1^st respondent Bank vide loan account Nos. RNNB030/2013-14, RFLD002/2014-15, RFMI002/201415, ANCC105/2015-16 and RNSC020/2014-15 during

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the period 2014-16 for a total sum of

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Rs.9,00,000/- by mortgaging property having an extent of 11.74 cents in survey No.923 of Varandarappilly Village, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Bank to consider Ext.P4 representation. The petitioners have also sought for a writ of mandamus commanding the 1^st respondent to renew the loan accounts and permit them to clear the interest outstanding in a period of three months. The further relief sought for is a writ of mandamus commanding the respondents to permit them to pay the entire overdues in 20 monthly instalments.

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WP(C).No. 3829 of 2018

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On 05.02.2018, when this writ petition

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came up for admission, this Court issued urgent notice before admission to the respondents by speed post. This Court granted an interim stay of all further proceedings pursuant to Exts.P2 and P3 notices on condition that on or before the date of sale, the petitioner shall deposit a sum of Rs.1,00,000/- with the 1^st respondent.

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A counter affidavit has been filed by

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the 1^st respondent. Paragraphs 4 and 5 of the

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counter affidavit read thus:

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“4. It is submitted that the petitioner had availed 5 loans from this respondent as Loan Account Nos.RNNB030/2013-14, RFLD002/2014-15, RFMI002/2014-15, ANCC105/2015-16, RNSC020/2014-15. It is submitted that subsequent to filing the writ petition, the petitioner has remitted an amount of Rs.1,95,905/- lakhs towards the loan arrears on 06-10-2018 and consequently the Loan Account No.RNSC020/2014-15 has been closed. The liability of the writ petitioner as on 12-11-2018 is as follows:

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WP(C).No. 3829 of 2018

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Loan No.	Loan	Overdue	Closure
	period	amount as on	amount as on
		12-11-2018	12-11-2018
RNNB030/2013-14	_180 months _	_Rs.1,63,316/- _	Rs.5,72,913/-
RFLD002/2014-15	120 months	Rs.63,002/-	Rs.1,41,618/-
RFMI002/2014-15	120 months	Rs.36,008/-	Rs.69,467
ANCC105/2015-16	12 months	_Rs.1,37,188/- _	Rs.1,37,188/-
RNSC020/2014-15	60 months	Nil	Nil

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Heard the learned counsel for the

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petitioners and the learned counsel for the

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1^st respondent Bank. Despite service of

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notice, none appears for the 2^nd respondent.

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The learned counsel for the

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petitioners would submit that subsequent to the filing of the counter affidavit by the 1^st respondent, dated 26.11.2018, the petitioners

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have made a further remittance of Rs.2,98,000/-, on 27.11.2018, and they are

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prepared to pay off the entire overdues in loan account Nos.RNNB030/2013-14, RFLD002/ 2014-15 and RFMI002/2014-15 and also the

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total dues, if any, in the loan account No.ANCC105/2015-16 in three equal monthly

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WP(C).No. 3829 of 2018

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instalments along with regular monthly

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instalments, without any default.

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The learned counsel for the 1^st

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respondent Bank would submit that if the

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petitioners have already remitted the sum of Rs.2,98,000/- on 27.11.2018, as submitted by the learned counsel for the petitioners, they can be permitted to pay off the overdues in loan account Nos.RNNB030/2013-14, RFLD002/ 2014-15 and RFMI002/2014-15 and also the

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total dues, if any, in loan account No.ANCC105/2015-16 in three equal monthly instalments, on condition that, they shall pay the regular monthly instalments in respect of the three loan accounts, without any default.

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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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WP(C).No. 3829 of 2018

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i) If the petitioners have already remitted the

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sum of Rs.2,98,000/- on 27.11.2018, as stated by the learned counsel for the petitioners, they are permitted to pay off the entire overdues in respect of the loan account Nos.RNNB030/2013-14, RFLD002/ 2014-15 and RFMI002/2014-15 and also the total dues, if any, in loan account Nos.ANCC105/2015-16 and RNSC020/2014-15 in three equal monthly instalments commencing from 18.12.2018 and the subsequent instalments payable on or before the 18^th day of the succeeding months. The petitioners shall also pay the regular monthly instalments in respect of the three loan accounts referred to above and continue to pay the same without default till the entire amount is repaid.

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ii) If the petitioners are remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to

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WP(C).No. 3829 of 2018

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Exts.P2 & P3 notices shall be kept in abeyance so as to enable them to pay off the entire dues as above.

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iii) In case there is default 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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AV/6/12

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WP(C).No. 3829 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPIES OF SOME OF THE RECEIPT EVIDENCING THE REPAYMENT OF LOAN. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 2410-2017. EXHIBIT P3 A TRUE COPY OF THE PROCLAMATION FOR SALE ISSUED BY THE 2ND RESPONDENT DATED 09-01-2018. EXHIBIT P4 A TRUE COPY OF THE LETTER/REQUEST AND ITS POSTAL RECEIPT DATED 29-01-2018.

Hassan V.M v. the Chalakudy Taluk Primary Co-Operative Agricultural & Rural Development Bank

Case brief

What is this about?

What did the court decide?

Hassan V.M v. the Chalakudy Taluk Primary Co-Operative Agricultural & Rural Development Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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