Disposed

Federal Bank Ltd. Kulasekharamangalam Branch v. Anju Rajeev

Kerala HC26 Jul 2019Con.Case(C)/1040/2019

Case brief

AI extract

What is this about?

In a contamination case arising from a writ petition concerning loan recovery, the Court extended payment time to petitioners and closed the contempt matter without further orders, reserving liberty for the Bank to file a fresh contempt case if payment is not made within the extended period.

What did the court decide?

Contempt case closed; time extended for payment; liberty granted to Bank to approach Court with fresh contempt case if default persists.

Federal Bank Ltd. Kulasekharamangalam Branch Vs Anju Rajeev — Contempt of Court | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 26TH DAY OF JULY 2019 / 4TH SRAVANA, 1941 Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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AGAINST THE ORDER/JUDGMENT IN WP(C) 5170/2019 of HIGHCOURT

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PETITIONER:

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FEDERAL BANK LTD KULASEKHARAMANGALAM BRANCH REPRESENTED BY THE AUTHORIZED OFFICER, LOAN COLLECTION AND RECOVERY DEPARTMENT, THEKKUMKAL BUILDING, T.B. ROAD, KOTTAYAM-686 001.

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS SRI.T.K.NAVAS

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RESPONDENTS:

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1 ANJU RAJEEV AGED 40 YEARS D/O JAYAKUMARAN K.P. AAYILYAM, (KOCHUPURACKAL), CHEMMANAKARY P.O.VAIKOM, KOTTAYAM DISTRICT.

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2 SMT. PADMAJA JAYAKUMAR, W/O JAYAKUMARAN K.P. AAYILYAM, (KOCHUPURACKAL), CHEMMANAKARY P.O.VAIKOM, KOTTAYAM DISTRICT.

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3 JAYAKUMARAN.K.P, AAYILYAM, (KOCHUPURACKAL), CHEMMANAKARY P.O.VAIKOM, KOTTAYAM DISTRICT.

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2019, ALONG WITH WP(C).5170/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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-2-

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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WP(C).No.5170 of 2019

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PETITIONER:

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1 ANJU RAJEEV, AGED 40 YEARS D/O. JAYAKUMARN.K.P., AAYILAM, (KOCHUPURACKAL), CHEMANAKARAY P.O., VAIKOM, KOTTAYAM DISTRICT.

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2 SMT. PADMAJA JAYAKUMAR, W/O. JAYAKUMARAN.K.P.,AAYILAM, (KOCHUPURACKAL), CHEMANAKARAY P.O., AGED 1 YEARS VAIKOM, KOTTAYAM DISTRICT.

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3 JAYAKUMARAN.K.P., AGED 1 YEARS AAYILAM, (KOCHUPURACKAL), CHEMANAKARAY P.O., VAIKOM, KOTTAYAM DISTRICT.

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BY ADVS. SRI.SURIN GEORGE IPE SHRI.SREEDEV U

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Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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-3-

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RESPONDENTS:

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FEDERAL BANK LTD KULASEKHARAMANGALAM BRANCH, REPRESENTED BY THE AUTHORISED OFFICER, ASSET RECOVERY BRANCH, THEKKUMKAL BUILDING, T.B. ROAD, KOTTTAYM 686 001.

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BY ADVS. SRI.MOHAN JACOB GEORGE SMT.NIGI GEORGE SMT.P.V.PARVATHY (P-41) SMT.REENA THOMAS

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OTHER PRESENT:

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SRI.MOHAN JACOB GEORGE-SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2019, ALONG WITH Con.Case(C).1040/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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-4-

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JUDGMENT

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Today(26.07.2019, by a separate order, I

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have extended the time for payment of the

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amounts by the petitioners in W.P(C) No.5170/2019.

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In such circumstances, I close this Contempt Case without any further orders; however, leaving liberty to the petitioner Bank to approach this Court with a fresh Contempt Case, if the respondents do not make payment within the extended time granted.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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APPENDIX OF Con.Case(C) 1040/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 26.2.2019 IN WPC 5170/2019 ANNEXURE A2 COPY OF LETTER DATE 5.4.2019 SENT BY THE BANK TO ALL THE RESPONDENTS ANNEXURE A2(A) COPY OF POSTAL RECEIPT EVIDENCING SENDING OF ANNEXURE A2 LETTER TO THE 1ST RESPONDENT ANNEXURE A2(B) COPY OF POSTAL RECEIPT EVIDENCING SENDING OF ANNEXURE A2 LETTER TO THE 2ND RESPONDENT ANNEXURE A2(C) COPY OF POSTAL RECEIPT EVIDENCING SENDING OF ANNEXURE A2 LETTER TO THE 3RD RESPONDENT ANNEXURE A2(D) COPY OF ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF ANNEXURE A2 LETTER BY THE 1ST RESPONDENT ANNEXURE A2(E) COPY OF ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF ANNEXURE A2 LETTER BY THE 2ND RESPONDENT ANNEXURE A2 (F) COPY OF ACKNOWLEDGE CARD EVIDENCING RECEIPT IF ANNEXURE A2 LETTER BY THE 3RD RESPONDENT

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APPENDIX OF WP(C) 5170/2019

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Con.Case(C).No.1040 of 2019 IN WP(C). 5170/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 8853/2018 DATED 15.3.2018. EXHIBIT P2 THE PHOTOGRAPHS SHOWING THE MAGNITUDE OF THE FLOOD CATASTROPHE.

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EXHIBIT P3 THE TRUE COPY OF THE ADVOCATE COMMISSIONERS NOTICE DATED 1.1.2019.

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EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT BANK DATED 16.2.2019 SPECIFYING THE OUTSTANDING FIGURES IN THE HOUSING LOAN ACCOUNT.

Federal Bank Ltd. Kulasekharamangalam Branch v. Anju Rajeev

Case brief

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Federal Bank Ltd. Kulasekharamangalam Branch v. Anju Rajeev

Case brief

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