Petitioners, faced with mistaken attachment of property and Section 7 proceedings, were permitted to clear outstanding loan dues via 12 monthly instalments to avert resurrection of recovery action by the bank.
Petitioners permitted to pay outstanding amount with interest in 12 monthly instalments starting from 18.09.2019. Attachment withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941
WP(C).No.20249 OF 2019(E)
PETITIONER/S:
1 DASAN BERNARD, AGED 60 YEARS SON OF THE LATE BERNARD, RESIDING AT DEVADANAM ARK, CHARUKKADU, CHEMMAKKAD P.O., PERINAD, KOLLAM - 691 601.
2 ANNE ROSE, AGED 56 YEARS, WIFE OF DASAN BERNARD, RESIDING AT DEVADANAM ARK, CHARUKKADU, CHEMMAKKAD P.O., PERINAD, KOLLAM- 691 601.
BY ADVS. SMT.REKHA VASUDEVAN SMT.V.DEEPA
RESPONDENT/S:
1 STATE BANK OF INDIA, REPRESENTED BY THE AUTHORISED OFFICER, RETAIL ASSETS CENTRAL PROCESSING CENTRE, L.M.S.COMPOUND, THIRUVANANTHAPURAM - 695 033.
R1 TO R3 BY SRI.JAWAHAR JOSE,SC R4 BY SRI.B.VINOD,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20249 OF 2019 2
JUDGMENT
The 2nd petitioner has availed a loan from the
State Bank of India, Kilikollur branch. 1st
petitioner who is the husband of the 2nd petitioner has availed another housing loan, against which, a mortgage of immovable property was offered.
the petitioner it is evident that, in order to
recover the amounts that have fallen due from the 2nd petitioner, the mortgaged property made by the 1st petitioner was attached. Anyhow, Section 7
proceedings of Kerala Revenue Recovery Act is also initiated against the petitioner, evident from Ext.P2 notice.
submitted that, the attachment is a mistaken one and therefore, the attachment made against the loan of the 2nd petitioner as per Ext.P2 under Section 7 will be withdrawn by the bank.
appearing for the petitioners submitted that, if
sufficient time is provided to pay off the amount by installments, petitioners would be satisfied.
WP(C).No.20249 OF 2019 3
petitioner, learned Government Pleader as well as
learned Standing Counsel appearing for the bank, this writ petition is disposed of, permitting the petitioner to pay the outstanding amount of Rs.4,53,000/- as on 31.03.2018, along with the interest and other charges, in 12 equated monthly installments starting from 18.09.2019 and on the
corresponding date of the succeeding months.
installment is defaulted, respondents will be at liberty to resurrect action on account of the notice
issued under Section 7 of the Kerala Revenue Recovery act and recover the amount in lump.
are paid directly to the bank, the collection
charges shall be confined to 1% of the total amount deposited.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu 02.09.2019
WP(C).No.20249 OF 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER HEREIN TO THE 2ND RESPONDENT DTD. 8/10/18. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE RRC NO.2019/4962/02 DATED 30/05/2019 ISSUED BY THE 4TH RESPONDENT.
1 issue framed by the court
Whether the attachment of property movable under Section 7 of the Kerala Revenue Recovery Act against the petitioners can be withdrawn and loan amount paid by instalments.
1 provisions across 1 enactments
DASAN BERNARD
ANNE ROSE
STATE BANK OF INDIA
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
