Disposed

Mohandas.P.v v. the District Collector

Kerala HC12 Mar 2019WP(C)/5587/2019

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging recovery proceedings for a loan default. The court directed the repayment of the outstanding amount in seven equated monthly installments, allowing only 1% collection charges, with the respondents retaining the right to resume proceedings in case of default.

What did the court decide?

Directing the petitioner to remit the outstanding loan amount in seven equated monthly installments; permitting collection charges of only 1% for direct payment to the bank.

Mohandas.P.v Vs the District Collector — Contract and Commercial Disputes | 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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TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940

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WP(C).No. 5587 of 2019

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PETITIONER:

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MOHANDAS.P.V AGED 46 YEARS S/O. VASUDEVAN P.R., PARAMMEL HOUSE, ADAT, THRISSUR DISTRICT, PIN-680 551

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BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR THRISSUR DISTRICT, COLLECTORATE, THRISSUR-680 003

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2 THE DEPUTY COLLECTOR (RR) THRISSUR DISTRICT, COLLECTORATE, THRISSUR-680 003

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3 THE DEPUTY TAHASILDAR (RR) THRISSUR TALUK, THRISSUR DISTRICT, PIN-680 001

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4 THE VILLAGE OFFICER ADAT VILLAGE, THRISSUR DISTRICT, PIN-680 551.

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5 THE BRANCH MANAGER

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STATE BANK OF INDIA, PUZHAKKAL BRANCH, THRISSUR DISTRICT, PIN-680 553

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R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.B.VINOD R5 BY STANDING COUNSEL, SRI.G.G.MANOJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5587 of 2019

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JUDGMENT

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Petitioner availed a loan of Rs.8,60,000/- for the purpose of constructing a house from the erstwhile State Bank of Travancore in the year 2014, which is now known as State Bank of India. Admittedly repayment was defaulted, consequently revenue recovery action was initiated under sections 7 & 34 of the Kerala Revenue Recovery Act, evident from Exts.P2 and P3 notices. Even though various contentions are raised, learned counsel for petitioner submitted that, it would suffice, petitioner is permitted to pay the outstanding amounts in reasonable equated monthly installments.

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Having heard learned counsel for petitioner and learned Government Pleader as well as learned Standing Counsel appearing for the 5^th respondent bank, the writ petition is disposed of directing the petitioner to remit the outstanding amount in seven equated monthly installments starting from 27.3.2019 and on the corresponding date of the succeeding months. Needless to say, if the petitioner defaults

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WP(C).No. 5587 of 2019 3

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any of the installments as directed above, the respondents will be at liberty to resurrect the proceedings and recover the amount in lump. I also make it clear that, if the petitioner is making the payment directly to the bank, collection charges shall be confined to 1% of the total amount deposited.

Sd/-

Smv 12.3.2019

SHAJI P.CHALY

JUDGE

WP(C).No. 5587 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER'S LOAN ACCOUNT NO. 67286338014 FOR THE PERIOD FROM 23.7.2014 TO 01.06.2018. EXHIBIT P2 THE TRUE COPY OF THE RECOVERY NOTICE U/S. 7 OF THE REVENUE RECOVERY ACT DATED 30.10.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE RECOVERY NOTICE U/S. 34 OF THE REVENUE RECOVERY ACT DATED 14.11.2018 ISSUED BY THE 2ND RESPONDENT.

Mohandas.P.v v. the District Collector

Case brief

What is this about?

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Mohandas.P.v v. the District Collector

Case brief

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