Disposed

Radhakrishnan.P. v. the Special Thahsildar

Kerala HC5 Feb 2019WP(C)/3130/2019

Case brief

AI extract

What is this about?

The petitioner, who defaulted on a loan from the respondent bank, challenged the initiated recovery proceedings. Acknowledging the plea of financial hardship, the court disposed of the writ petition by permitting payment of the outstanding balance in fifteen equal monthly installments, staying coercive steps if paid promptly.

What did the court decide?

Permitted payment of outstanding loan in 15 equal monthly installments starting 01/03/2019; coercive steps stayed pending payment.

Radhakrishnan.P. Vs the Special Thahsildar — 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

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WP(C).No. 3130 of 2019

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PETITIONER/S:

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RADHAKRISHNAN.P.

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AGED 51 YEARS NIRUPAMA, ARUR.P.O., (VIA) KOTTATHIL, VATAKARA TALUK. BY ADV. SRI.LIFFY P. FRANCIS

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RESPONDENT/S:

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1 THE SPECIAL THAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LTD., KALLAI ROAD, KOZHIKODE, PIN - 673 101.

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2 THE MANAGER

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KERALA STATE FINANCIAL ENTERPRISES LTD., KUTTIYADI BRANCH, VADAKARA, KOZHIKODE, PIN - 673 101.

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3 THE MANAGING DIRECTOR HEAD OFFICE, KERALA STATE FINANCIAL ENTERPRISES LIMITED, CHEMBUKAVU, THRISSUR - 680 020.

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4 PREMRAJAN

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ASSISTANT EDUCATION OFFICER, NADAPURAM, KALLACHI, KOZHIKODE, PIN- 673 102.

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BY ADV. SRI.SALIL NARAYANAN SRI.MANU RAMACHANDRAN, SC, KSFE LTD. GOVERNMENT PLEADER-SMT.B.VINITHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3130 of 2019

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JUDGMENT

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The petitioner, who had availed a loan from the respondents defaulted

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repayment of the amounts due towards loan installments and repayment of loans. Consequently, the respondent bank initiated recovery proceedings to recover the loan amounts. Ext.P2 demand notice is issued to the petitioner by the respondents. In the writ petition, the petitioner impugns the steps initiated by the respondents for recovery of the loan amounts.

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Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

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The learned Standing Counsel appearing for the respondents submits that the total liability as well as the defaulted amounts in respect of loan amount is Rs.2,30,365/- and some time may be granted to the petitioner to pay off the entire balance amount.

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In the above view of the matter and taking into account the plea of financial hardship urged on behalf of the petitioner, this writ petition

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WP(C).No. 3130 of 2019

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is disposed of with the following directions:-

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(i) The balance amount outstanding to the respondents shall be permitted to be paid off by the petitioner in fifteen equal monthly installments. The 1^st installment shall fall due on 01/03/2019 and the remaining installments shall be payable on the corresponding day of the succeeding months.

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(ii)If the installments, as directed above, are promptly paid by the petitioner without default, the coercive steps initiated by the respondents shall be kept in abeyance and the petitioner shall stand discharged on the entire amount being paid.

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(iii) It is made clear that if the petitioner commits default in payment of any of the installments, he will lose the benefit of this judgment and the respondents will be free to continue the proceedings against him from the stage at which they presently stand.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No. 3130 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LETTER EXTRACT OF LOAN NO.843 OF PETITIONER AVAILED FROM THE 2ND RESPONDENT. EXHIBIT P2 THE TRUE COPY OF DEMAND NOTICE ISSUED BY 2ND RESPONDENT DATED 28/8/2014. EXHIBIT P3 THE TRUE COPY OF THE PROHIBITORY ORDER DATED 3/4/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 18/5/18 ISSUED TO THE PUBLIC INFORMATION OFFICER KSFE. EXHIBIT P5 THE TRUE COPY OF THE REPLY LETTER DATED 31/5/2018 ISSUED BY THE PUBLIC INFORMATION OFFICER, KSFE. EXHIBIT P6 THE TRUE COPY OF REPRESENTATION DATED 11/6/18 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY// Sd/PA TO JUDGE

Radhakrishnan.P. v. the Special Thahsildar

Case brief

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Radhakrishnan.P. v. the Special Thahsildar

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