Disposed

Jayasree @ Jalajakumari v. Agricultural & Rural Development Bank Ltd. No. R-1353

Kerala HC20 Feb 2018WP(C)/5237/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking time to repay a loan. The petitioner, facing recovery proceedings, was permitted to pay the entire overdue amount in equal monthly installments while recovery proceedings were kept in abeyance.

What did the court decide?

Petitioner directed to pay Rs.4,18,122/- plus future interest in 10 equal monthly installments; recovery proceedings kept in abeyance provided no default.

Jayasree @ Jalajakumari Vs Agricultural & Rural… — Banking and Recovery | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

¶5

WP(C).No. 5237 of 2018

¶6

PETITIONER:

¶7

JAYASREE @ JALAJAKUMARI, AGED 56 YEARS,W/O.SAJAN,PUTHEZHATH HOUSE, KODUNGALLUR,THRISSUR DISTRICT,NOW RESIDING AT PUTHEAZHATHN HOUSE,CEPZ.P.O,KAKKANAD,ERNAKULAM DISTRICT.

¶8

BY ADVS.SRI.K.A.RASHEED SRI.P.M.HARIS (POOTHULIL)

¶9

RESPONDENT(S):

¶10

1. AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO. R-1353, P.O.KODUNGALLUR,THRISSUR DISTRICT,PIN-680664.

¶11

2. THE SALE OFFICER,

¶12

KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.R-1353,P.O.KODUNGALLUR, THRISSUR DISTRICT,PIN-680664.

¶13

R1 BY SENIOR GOVERNMENT PLEADER SRI. K.P. HARISH R2 BY SRI.V.G.ARUN, SC

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

PBS

¶16

WP(C).No. 5237 of 2018 (D)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 19/01/2018 ISSUED BY THE 2ND RESPONDENT.

¶20

RESPONDENT'S EXIBITS NIL /TRUE COPY/ PA TO JUDGE

¶21

PBS

¶22

ANIL K.NARENDRAN, J.

¶23

----------------------------------------------- W.P.(C)No.5237 of 2018 -----------------------------------------------

¶24

Dated this the 20^th day of February, 2018

¶25

J U D G M E N T

¶26

The petitioner, who availed a loan for Rs.3 lakhs in the year 2013 from the 1^st respondent Bank after mortgaging her property

¶27

having an extent of 11 cents comprised in Survey Nos.414/1 and 417/2 of Pulloott village, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to permit her to pay off the amount due in terms of Ext.P1 sale notice in 25 monthly installments.

¶28

On 16.2.2018, when this writ petition came up for consideration, the learned counsel for the 1^st respondent Bank sought time to get instructions.

¶29

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 Sale Officer.

¶30

The learned counsel for the petitioner would submit

¶31

W.P.(C)No. 5237 of 2018

¶32

:-2-:

¶33

that the petitioner is prepared to pay off the entire dues covered by Ext.P1 in monthly installments, for which, she requires breathing time.

¶34

The learned counsel for the 1^st respondent Bank would submit that the total liability as on 19.1.2018 comes to Rs.4,18,122/- as evidenced by Ext.P1 sale notice and that the 1^st respondent Bank has no objection in this Court granting reasonable time to the petitioner to pay off the entire dues in monthly installments.

¶35

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

¶36

(i) The petitioner shall pay off the overdues amounting to Rs.4,18,122/- in the loan transaction in question, together with future interest from 19.1.2018, in 10 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

¶37

W.P.(C)No. 5237 of 2018

¶38

:-3-:

¶39

in time, without any default, all recovery proceedings 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.

¶40

(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

¶41

steps, in accordance with law.

¶42

Sd/-

¶43

ANIL K.NARENDRAN JUDGE

¶44

ami/20.2.18

¶45

//True copy//

¶46

P.A.to Judge

Jayasree @ Jalajakumari v. Agricultural & Rural Development Bank Ltd. No. R-1353

Case brief

What is this about?

What did the court decide?

Jayasree @ Jalajakumari v. Agricultural & Rural Development Bank Ltd. No. R-1353

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.M. Sebastian Vs the Manager

Nishanth.v.v Vs the Chief Recovery Officer

Mujeeb Rehman v P Vs Nilambur Co-Operative Agricultural Rural Development Bank

Mini Sathyan Vs Perumpuzha Gramodharana Service Co-Operative Bank

Kakko P R Vs the Manager, Ernakulam District Co-Operative Bank Limited

A.a.Abraham Vs the Special Sale Officer