Allowed

Kala Raju v. the Cathaloic Syrian Bank

Kerala HC11 Jun 2019WP(C)/606/2019

Case brief

AI extract

What is this about?

Petitioner challenged coercive recovery action initiated by bank and taluk officer under Kerala Revenue Recovery Act. Court permitted repayment in equated monthly installments allowing bank to resurrect proceedings on default.

What did the court decide?

Petitioner permitted to pay outstanding amount in ten equated monthly installments starting 26.06.2019; bank may resume proceedings under Kerala Revenue Recovery Act if any installment is violated.

Kala Raju Vs the Cathaloic Syrian Bank — 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 MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941

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WP(C).No. 606 of 2019

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PETITIONER/S:

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KALA RAJU AGED 50 YEARS W/O.THANKARAJU,MANI MANDIRAM, CHALUKONAM,NEELESWARAM.P.O, KOTTARAKKARA TALUK,KOLLAM.

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BY ADVS. SRI.N.P.PRADEEP SRI.M.AJITH (KARICODE)

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RESPONDENT/S:

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1 THE CATHALOIC SYRIAN BANK, KOTTARAKKARA BRANCH,PULAMON,KOTTARAKKARA-691506, REPRESENTED BY ITS MANAGER.

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2 THE JUNIOR SUPERINTENDENT KOTTARAKKARA TALUK,KOTTARAKKARA-691506.

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R2 BY SMT. PRINCY XAVIER, GOVERNMENT PLEADER R1 ADV. K. ANAND, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 606 of 2019 2

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JUDGMENT

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Daughter of the petitioner availed an

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educational loan from the 1^st respondent bank on 07.10.2011 for pursing her BSC nursing studies.

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Admittedly, repayment was not made in terms of the agreement executed by and between the petitioner and the 1^st respondent bank. Consequent to which, action was initiated by the bank, which finally culminated in Exts.P2 and P3 under Sections 7 and 34 of the Kerala Revenue Recovery Act. It is thus challenging

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the coercive action, this writ petition is filed.

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Eventhough notice is served on 1^st

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respondent, there is no appearance. There is no much dispute with respect to the amounts sought to be

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recovered by the 1^st respondent. However learned counsel appearing for the petitioner submitted that, petitioner may be permitted to pay the outstanding

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amount in fifteen equated monthly installments.

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WP(C).No. 606 of 2019 3

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circumstances of the case and hearing learned counsel for the petitioner, petitioner is permitted to pay the outstanding amount in ten equated monthly installments starting from 26.06.2019 and on the

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corresponding dates of the succeeding months. Needless to say, if the petitioner is making the

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payment directly to the bank, the collection charges

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shall be confined to 1% of the total amount

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deposited. I also make it clear that, if any of the instalments granted is violated, the bank will be at liberty to resurrect the proceedings under the

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Kerala Revenue Recovery Act and recover the amount in lump.

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The writ petition is disposed of, accordingly.

SD/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 606 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ISSUED BY FROM TH	NOTICE DATED 07.12.2018 E 1ST RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE 27.12.2018 ISSUED UNDER S.7 OF THE ACT	DEMAND NOTICE DATED BY THE 2ND RESPONDENT KERALA REVENUE RECOVERY
EXHIBIT P3	TRUE COPY OF THE 28.12.2018 ISSUED UNDER S.34 OF THE RECOVERY ACT.	DEMAND NOTICE DATED BY THE 2ND RESPONDENT KERALA REVENUE
EXHIBIT P4	TRUE COPY OF THE OF DECEMBER,2018 PETITIONER MANIME	PAY SLIP FOR THE MONTH FOR THE DAUGHTER OF KHALA.

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RESPONDENT'S/S EXHIBITS: NIL

Kala Raju v. the Cathaloic Syrian Bank

Case brief

What is this about?

What did the court decide?

Kala Raju v. the Cathaloic Syrian Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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