Disposed

Rosamma Mathai, v. State Bank of India

Kerala HC8 Nov 2019WP(C)/26833/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking regularization of bank loans, a loan statement, and permission to sell mortgaged property. Upon compliance of a deposit of Rs.25 lakhs, the Court directed the bank to consider repayment proposals within four weeks.

What did the court decide?

Petitioner granted liberty to present repayment proposals to the bank. Bank directed to consider them and communicate decision within four weeks. Status quo maintained for eight weeks.

Rosamma Mathai, Vs State Bank of India — Consumer Protection | 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 S.V.BHATTI

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FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941 WP(C).No.26833 OF 2019(D)

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PETITIONER:

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ROSAMMA MATHAI, AGED 64 YEARS W/O.LATE MATHAI, NOW RESIDING AT THEKKADATHU PUTHEN VEEDU, CHIRATTAKONAM, THALACHIRA P.O., KOTTARAKARA, KOLLAM DISTRICT.

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BY ADV. SRI.ALEXANDER GEORGE

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RESPONDENTS:

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1 STATE BANK OF INDIA, KOTTARAKARA PULAMON BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KOTTARAKARA, KOLLAM DISTRICT - 691 546.

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2 AUTHORIZED OFFICER, CHIEF MANAGER, STATE BANK OF INDIA, RASMEC, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691 546.

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3 MUNDAKKAL B.ANUB, ADVOCATE COMMISSIONER, SOUPARNIKA, ARA-13A, MUNDAKAL, KOLLAM - 691 001.

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OTHER PRESENT:

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SC JAWAHAR JOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26833 OF 2019(D)

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JUDGMENT

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This writ petition is filed by the petitioner seeking

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the following reliefs:-

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“(a) To call for the records relating to Ext.P7 and to quash the same by issue a Writ in the nature of certiorari or any other appropriate Writ, Order or Direction.

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(b) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to regularize the loan of the petitioner and her son after accepting the over due amount by way of twenty monthly installments till that time Ext.P7 Proceedings may be kept in abeyance.

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(c) Issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to issue the statement regarding the overdue amount and regularize the loan amount.

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(d) Direct the respondent bank to allow the petitioner to sell the portion of the mortgaged property for clear the dues.

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(e) Grant such otheer relief's that is deemed fit and proper in the circumstances of the case.”

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2. On 10.10.2019 this Court granted interim order

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after taking note of the statement made by Adv.Alexander George on behalf of the petitioner.

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WP(C).No.26833 OF 2019(D)

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Today at the time of hearing, the counsel appearing for the parties admit that the condition imposed by this Court to deposit Rs.25 lakhs is complied with but not within the time granted by order dated 10.10.2019.

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Advocate for petitioner states that the petitioner may be given liberty to approach respondent Bank with available prayers including installments to repay the outstanding amount in two cash credit loans, one home loan, one vehicle loan and personal loan.

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This Court, after taking note of the deposit of Rs.25 lakhs made by the petitioner and also to enable petitioner to negotiate with the Bank for installments, deems it appropriate to dispose of the writ petition by this judgment.

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Petitioner is given liberty to represent to respondent Bank with available prayers including installments by enclosing a copy of this judgment within one week from today.

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The respondent Bank, takes note of the bonafides

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now proved by the petitioner, considers the request, takes a decision and communicates to the petitioner within four weeks thereafter.

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WP(C).No.26833 OF 2019(D)

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The parties are directed to maintain status quo as on day

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for eight weeks from today.

Sd/-

S.V.BHATTI

JUDGE

ska

WP(C).No.26833 OF 2019(D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ACCOUNT STATEMENT DATED 4/10/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

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EXHIBIT P2 THE TRUE COPY OF THE ACCOUNT STATEMENT DATED 4/10/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE ACCOUNT STATEMENT DATED 4/10/2019 IN RESPECT OF RS.60,00,000/- ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

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EXHIBIT P4 THE TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF RS.13,00,000/- DATED 4/10/2019. EXHIBIT P5 THE TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF RS.2,41,500/- DATED 4/10/2019. EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED 13/6/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P7 THE TRUE COPY OF THE NOTICE DATED 27/10/2019 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

Rosamma Mathai, v. State Bank of India

Case brief

What is this about?

What did the court decide?

Rosamma Mathai, v. State Bank of India

Case brief

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