Allowed

Abdul Nissar v. Corporation Bank

Kerala HC3 Jun 2019WA/1279/2019

Case brief

AI extract

What is this about?

Coram permitted repayment of outstanding loan dues by the appellant to the bank in six equal monthly installments in addition to regular installments, staying recovery proceedings if conditions are met.

What did the court decide?

The Court permitted repayment of outstanding dues of both loan accounts in six equal monthly installments commencing from 1.7.2019, keeping recovery proceedings in abeyance.

Abdul Nissar Vs Corporation Bank — Service and Employment | 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 THE CHIEF JUSTICE MR.HRISHIKESH ROY

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

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WA.No. 1279 of 2019

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AGAINST THE JUDGMENT IN WP(C) 13028/2019 of HIGH COURT DATED 3.5.2019

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APPELLANT/PETITIONER:

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ABDUL NISSAR, AGED 48 YEARS NAZAR MANZIL, NJARAYILKONAM.P.O., PALLIKKAL, THIRUVANANTHAPURAM

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BY ADVS. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU

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RESPONDENTS/RESPONDENTS:

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1 CORPORATION BANK, REP. BY THE BRANCH MANAGER, KALLAMBALAM BRANCH, 3/13, JAZIN COMPLEX, N.H.47, ROAD SIDE, THIRUVANANTHPAURAM - 695 605

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2 AUTHORIZED OFFICER, CORPORATION BANK, KALLAMBALAM BRANCH, 3/13, JAZIN COMPLEX, N.H.47 ROAD SIDE, THIRUVANANTHAPURAM - 695 605

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SRI.S.B.PREMACHANDRA PRABHU

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

W.A.No. 1279 of 2019

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JUDGMENT

Hrishikesh Roy, C.J.

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In pursuance to our last order dated 23.5.2019, the appellant who had secured two loans from the Kallambalam Branch of the Corporation Bank, has remitted Rs.2,00,000/- to the Bank. The payment so made would indicate that the appellant is willing to clear the outstanding loan dues. The grievance of the borrower however relates to the unbearable instalment payment, stipulated by the learned single Judge.

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On consideration of the above projection made by Smt.Lekha.V.R. as

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the learned counsel for the appellant and then hearing Sri.S.B.Premachadra Prabhu, the learned counsel appearing for the respondents Bank and taking note of the recent remittance of Rs.2,00,000/- on 30.5.2019 by the borrower, we deem it appropriate to permit repayment of the outstanding dues of both the loan accounts (stated to be Rs.8,00,000/-), in six equal monthly instalments, commencing from 1.7.2019. It is made clear that this shall be in addition to the regular instalments payable in accordance with the original loan schedule in both loan accounts. If the petitioner makes the payment in terms of the conditions aforementioned, the recovery steps, if any, initiated

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W.A.No. 1279 of 2019

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: 3 :

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by the Bank shall be kept in abeyance. On the other hand, if the petitioner defaults any instalment, it will be open to the Bank to proceed with recovery proceedings.

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With the above order, the Writ Appeal is closed.

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SD/HRISHIKESH ROY CHIEF JUSTICE

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SD/A.K.JAYASANKARAN NAMBIAR JUDGE

jes

W.A.No. 1279 of 2019

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APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE I TRUE COPY OF JUDGMENT IN WP(C)27133/2018 dt.09.08.2018 OF THIS HON'BLE COURT. ANNEXURE II TRUE COPY OF JUDGMENT IN WP(C)NO.37232/2018 dt. 15.11.2018 OF THIS HON'BLE COURT. ANNEXURE III TRUE COPY OF MEDICAL CERTIFICATE dt. 4.9.2018 ISSUED FROM GOVT MEDICAL COLLEGE, KOLLAM. ANNEXURE-IV TRUE COPY OF LETTER dt. 19.09.2018 BY APPELLANT WITH ENGLISH TRANSLATION.

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// TRUE COPY //

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P.S. TO JUDGE

Abdul Nissar v. Corporation Bank

Case brief

What is this about?

What did the court decide?

Abdul Nissar v. Corporation Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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