Disposed

Fawaz v. Syndicate Bank

Kerala HC14 Mar 2019WP(C)/6548/2019

Case brief

AI extract

What is this about?

This is a single-judge order disposing of a writ petition regarding a housing loan recovery. The petitioner, a legal heir of a deceased borrower, sought early disposal of a settlement petition. The court directed the bank to finalize the petition within a month after providing an opportunity of hearing.

What did the court decide?

Direction to the 3rd respondent to finalize the petitioner's repository (Ext.P2) within a month after providing an opportunity of hearing.

Fawaz Vs Syndicate 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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THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

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WP(C).No. 6548 of 2019

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PETITIONER/S:

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FAWAZ

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AGED 50 YEARS S/O.LATE D.H.SUBAIDA,PUTHUPARAMBIL HOUSE,KAVALA,P.O.CHANGANACHERRY, KOTTAYAM,PIN-686104.

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BY ADV. SRI.P.M.SEBASTIAN

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RESPONDENT/S:

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1 SYNDICATE BANK REPRESENTED BY THE BRANCH MANAGER, CHANGANACHERRY BRAHCH,CHANGANACHERRY, PIN-686101.

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2 AUTHORISED OFFICER, SYNDICATE BANK,CHIEF MANAGER,SHAMUGHAM ROAD, KOCHI-31.

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3 THE REGIONAL MANAGER, SYNDICATE BANK,1ST FLOOR,PIONEER TOWERS, ERNAKULAM-31.

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SC SRI.R.S.KALKURA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6548 of 2019

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JUDGMENT

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Petitioner is one of the legal heirs of the borrower who has availed a housing loan from the Syndicate Bank. The borrower died, consequent to which action is initiated for recovery of the amount. Thereupon, petitioner has submitted Ext.P2 before the bank dated 1.2.2019, which is pending consideration and seeks direction for early disposal of the same.

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Learned Counsel for the bank submitted that as on 1.3.2019, an amount of Rs.5,23,713/- along with interest and other charges, is due from the petitioner, which is disputed by the petitioner. Learned Counsel for the petitioner also submitted that petitioner would be satisfied if a direction is issued to take a decision on Ext.P2 also applying one time settlement scheme, if available in the bank.

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Having heard respective Counsel across the Bar, there will be a direction to the 3^rd respondent to finalise Ext.P2, in accordance with law, at the earliest and at any rate within a month from the date of receipt of a copy of this judgment, after

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WP(C).No. 6548 of 2019

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providing an opportunity of hearing and participation to the petitioner.

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The writ petition is disposed of accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 6548 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 DATED 30.10.2015 ISSUED BY THE SENIOR MANAGER OF THE 1ST RESPONDENT BANK TO THE BORROWER.

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EXHIBIT P2 THE TRUE COPY OF THE PETITION DATED 1.2.2019 FILED BY THE PETITIONER TO THE 3RD RESPONDENT.

Fawaz v. Syndicate Bank

Case brief

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Fawaz v. Syndicate Bank

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