Disposed

Priya A.J v. Punjab National Bank

Kerala HC8 Mar 2019WP(C)/1173/2019

Case brief

AI extract

What is this about?

This writ petition challenged coercive recovery notices issued to petitioners for an educational loan default, seeking regularization via RBI moratorium benefits. The court directed the bank to consider the RBI notification regarding the moratorium on educational loan repayments.

What did the court decide?

Directed the 1st respondent bank to finalize the pending applications for RBI moratorium benefits within one month.

Priya A.J Vs Punjab National Bank — Banking and Recovery | 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 SHAJI P.CHALY

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FRIDAY, THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

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WP(C).No. 1173 of 2019

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PETITIONER/S:

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1 PRIYA A.J, AGED 30 YEARS,

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D/O. A D JAYAPRAKASH, ARAYANPARAMBIL HOUSE P.O., VALAPAD, TRISSUR-680567.

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2 DR.A.D.JAYAPRAKASH, AGED 58 YEARS,

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S/O. A.R.DIVAKARAN, ARAYANPARAMBIL HOUSE P.O., VALAPAD, TRISSUR-680567.

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BY ADV. SMT.K.V.RESHMI

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RESPONDENT/S:

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1 PUNJAB NATIONAL BANK, REPRESENTED BY ITS SR.MANAGER, CHAITHANYA BUILDING, VALAPAD-BRANCH NO. 4360, THRISSUR DISTRICT-680 567.

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2 DEPUTY TAHSILDAR, REVENUE RECOVERY CHAVAKKAD TALUK, THRISSUR DISTRICT680 506.

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3 VILLAGE OFFICER, VALAPAD VILLAGE OFFICE, VALAPAD, THRISSUR DISTRICT-680567.

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R1 BY SRI. SANDEEP ANKARATH R2 & R3 BY SMT. K.M.RESMI GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1173 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioners seeking the following reliefs:-

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“i) To issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Exhibits P2 and P2A and to quash the same considering it as illegal in the interest of justice,

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ii) Issue a writ of mandamus or other appropriate writ, orders or directions commanding the 1^st respondent to permit the petitioners to regularize the loan account by paying the overdue amounts in 10 equal monthly instalmnts as sought in Ext.P5 along with the regular monthly down payment, in the interest of justice.

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iii) Issue a writ to declare that the stands of the respondents that once coercive proceedings have been initiated against the defaulters, any instalment facility could be granted as illegal and arbitrary.

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iv) Issue a writ of mandamus or other appropriate writs, orders or directions to the respondents to keep in abeyance all coercive steps pursuant to Ext.P2 and P2A, pending disposal of the above writ petition.

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v) To grant such the relief sought from time to time including the cost of this proceedings”

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WP(C).No. 1173 of 2019 3

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Apparently, petitioners have availed an

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educational loan from the respondent bank. On failing to repay the amount in accordance with the terms of the loan agreement, recovery action was initiated resorting to the provisions of the Kerala Revenue Recovery Act, evident from Ext.P2 series issued under Sections 7 and 34 of the Kerala Revenue Recovery Act. Thereupon, petitioners have submitted Exts.P4 and P5 applications before the respondent bank, seeking to provide the benefits of the moratorium declared by the Reserve Bank of India in the matter of repayment of educational loans, which are pending consideration.

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Petitioners have also produced Ext.P7 document, which shows that, there are no overdue amounts from the petitioners. In that view of the matter, I think

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it is only appropriate that, Exts.P4 and P5 applications are directed to be considered, taking into account, the notification issued by the Reserve Bank of India.

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Having heard learned counsel for the petitioners, learned Government Pleader and the Standing Counsel appearing for the bank, this writ petition is

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WP(C).No. 1173 of 2019 4

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disposed of, directing the 1^st respondent to finalize Exts.P4 and P5 applications, taking into account, the notification issued by the Reserve Bank of India in respect of moratorium concerning repayment of educational loans, at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P.CHALY

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JUDGE

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uu 08.03.2019

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WP(C).No. 1173 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1	A TRUE COPY OF THE THE PASS BOOK ISSU RESPONDENT.	RELEVANT PAGES OF ED BY THE IST
EXHIBIT	P2	A TRUE COPY OF THE ISSUED BY THE 2ND 18.11.2018, SERVED ON 10.1.2019.	DEMAND NOTICE RESPONDENT DATED ON THE PETITIONER
EXHIBIT	P2 A	A TRUE COPY OF THE ISSUED BY THE 2ND 19.11.2018 SERVED ON 10.1.2019.	RECOVERY NOTICE RESPONDENT DATED ON THE PETITIONERS
EXHIBIT	P3	A TRUE COPY OF THE IN MATHRUBHUMI DAI	NEWS ITEM THAT CAME LY DATED 1.12.2018.
EXHIBIT	P4	A TRUE COPY OF THE BY THE PETITIONERS	REQUEST SUBMITTED DATED 19.12.2018.
EXHIBIT	P5	A TRUE COPY OF THE BY THE PETITIONERS	REQUEST SUBMITTED DATED 11.1.2019.
EXHIBIT	P6	A TRUE COPY OF THE 28.01.2019	BANK CHALLAN DATED
EXHIBIT	P7	A TRUE COPY OF THE ISSUED BY THE 1ST	COMMUNICATION RESPONDENT SERVED ON
		THE DEPONENT DATED	28.01.2019

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

Priya A.J v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Priya A.J v. Punjab National Bank

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

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