Allowed

Rinto Raj, v. the State of Kerala

Kerala HC10 Dec 2019WP(C)/21861/2019

Case brief

AI extract

What is this about?

Petitioners who defaulted on a bank loan sought to avoid lump-sum recovery proceedings initiated under the Revenue Recovery Act. The court allowed the writ petition permitting repayment in twelve equal monthly instalments with strict conditions on default.

What did the court decide?

Petitioners permitted to pay outstanding loan in twelve equal monthly instalments, first due 01.01.2020; respondents at liberty to realise entire amount if any instalment defaults.

Rinto Raj, Vs the State of Kerala — Execution and Attachment | 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 P.B.SURESH KUMAR

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TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941

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WP(C).No.21861 OF 2019(G)

PETITIONER:

1 RINTO RAJ,

AGED 26 YEARS

S/O RAJAN CHITTILAPPILLY, CHITTILAPPILLY HOUSE, GREEN PARK, CHAKALATHARA ROAD, OLLUKKARA.

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2 RAJAN C.C. AGED 53 YEARS

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S/O. CHACKO, CHITTILAPPILLY HOUSE, GREEN PARK, CHAKALATHARA ROAD, OLLUKKARA.

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BY ADVS. SRI.VISHAK.K.JOHNSON SRI.S.NITHIN (ANCHAL)

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR THRISSUR-680 001.

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3 THE DEPUTY TAHSILDAR THRISSUR TALUK, 680 001.

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4 THE ALLAHABAD BANK REPRESENTED BY ITS SENIOR MANAGER, FIRST FLOOR, CENTRE POINT, MG ROAD, THRISSUR-680 004. R1-R3 BY ADV.SMT.RESMI, GOVERNMENT PLEADER R4 BY ADV. SRI.P.K.SAJEEV

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21861 OF 2019(G)

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W.P.(C) No.21861 of 2019

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J U D G M E N T

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Petitioners have availed a loan from the fourth respondent Bank. It is conceded that they have not repaid the loan as agreed. Proceedings have, therefore, been initiated at the instance of the fourth respondent bank for realisation of the outstanding in the loan account under the Revenue Recovery Act. The said proceedings are under challenge in the writ petition.

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2 . Heard the learned counsel for the petitioners as also the learned Standing Counsel for the fourth respondent Bank.

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3 . When the matter was taken up, the learned counsel for the petitioners only prayed for indulgence of this court to pay the outstanding in the loan account, in convenient instalments.

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4 . The learned Standing Counsel for the fourth respondent Bank submitted, on instructions, that a sum of Rs.1,05,000/- is outstanding in the loan account.

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Having regard to the averments made in the writ petition concerning the financial constraints to which the petitioners are subjected to, and having regard to the orders passed by this court in similar and identical matters, I deem it appropriate to dispose of the

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WP(C).No.21861 OF 2019(G)

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writ petition permitting the petitioners to liquidate the liability in twelve equal monthly instalments, of which the first instalment shall be paid on or before 01.01.2020. Ordered accordingly. It is made clear that if the petitioners commit default in remitting any one of the instalments as directed above, the respondents would be at liberty to realize the entire amount in lump sum.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.21861 OF 2019(G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED TO PETITIONERS DATED 24.7.2019 BY THE SENIOR MANAGER OF ALLAHABAD BANK. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 4.7.2019. EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONERS UNDER SECTION 7 OF THE REVENUE RECOVERY ACT, DATED 4.7.2019.

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//TRUE COPY// PA TO JUDGE

Rinto Raj, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rinto Raj, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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