Partly allowed

Spinks T.George v. Special Sale Officer

Kerala HC14 Feb 2018WP(C)/4748/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an educational loan defaulters challenging a sale notice. The court directed the petitioner to pay overdue amounts in 12 monthly installments and kept recovery proceedings in abeyance upon timely compliance.

What did the court decide?

Petitioner directed to pay arrears in 12 equal monthly installments. Recovery proceedings under Ext.P1 kept in abeyance upon timely compliance.

Spinks T.George Vs Special Sale Officer — Contract and Commercial Disputes | 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 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939

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WP(C).No. 4748 of 2018

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PETITIONER :

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SPINKS T.GEORGE S/O.GEORGE JOSE T., THYLAMMANAL HOUSE, ARUVITHURA P.O, KOTTAYAM DISTRICT-686 122.

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BY ADVS.SRI.SHAJI THOMAS SMT.RAHANA JOSE SRI.JEN JAISON

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RESPONDENTS :

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1. SPECIAL SALE OFFICER MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK GROUP, PALA, KOTTAYAM-686 575.

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2. THE MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.K. K 197, PALA, REPRESENTED BY ITS SECRETARY, PALA, KOTTAYAM - 686 575.

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R1 BY SENIOR GOVERNMENT PLEADER SMT. C.S.SHEEJA R2 BY SRI.SUNIL CYRIAC,SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4748 of 2018 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE PHOTOCOPY OF THE DECLARATION DATED 22.01.2018 ISSUED BY THE 1ST RESPONDENT FOR REALISATION OF ENTIRE LOAN AMOUNT.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.4748 of 2018

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Dated this the 14^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 an educational loan from the 2^nd respondent Bank on 1.9.2014 for an amount of Rs.10 lakhs by mortgaging the property of his father having an extent of 5.06 ares in re-survey No.112/2/4 of Meenachil Taluk of Eerattupetta village, is before this Court in this writ petition, seeking a writ of mandamus commanding the respondents to regularise the loan account in question on payment of arrears due to the 2^nd respondent and permit him to pay off the entire arrears in installments. The petitioner has also sought for a writ of certiorari to quash Ext.P1 sale notice issued by the 1^st respondent Special Sale Officer.

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Heard the learned counsel for the petitioner and also the learned counsel for the 2^nd respondent Bank.

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The learned counsel for the petitioner would submit that the petitioner is prepared to clear the overdues in monthly installments, along with regular monthly installments, for which

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W.P.(C)No.4748 of 2018

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:-2-:

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he may be granted a reasonable opportunity.

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Learned counsel for the 2^nd respondent Bank would submit that as on 12.2.2018, the overdue amount would come to Rs.7,79,773 and total amount outstanding is Rs.15,11,690/-. If the petitioner is prepared to clear the overdue amount in monthly installments, along with regular monthly installments, the 2^nd respondent Bank has no objection in this Court granting a reasonable opportunity to the petitioner to clear the dues.

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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 overdues amounting to Rs.7,79,773/- in the loan transaction in question, together with future interest, in 12 equal monthly installments commencing from 26.2.2018 and the subsequent installments payable on or before the 26^th day of the succeeding months. Along with the said installments, the petitioner shall also pay the regular monthly installments. (ii) If the petitioner is remitting the aforesaid installments in time, without any default, all recovery proceedings

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W.P.(C)No.4748 of 2018

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:-3-:

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pursuant to Ext.P1 shall be kept in abeyance, so as to enable the petitioner to pay off the entire dues in monthly installments, as above.

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(iii) In case of any default committed by the petitioner in remitting any one of the aforesaid installments, it will be open to the respondents to proceed further with the coercive steps, in accordance with law.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/15.2.18

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//True copy//

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P.A.to Judge

Spinks T.George v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

Spinks T.George v. Special Sale Officer

Case brief

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