Single bench order permitting petitioner to clear loan dues in two installments by 10 March 2020 with a stay on further recovery proceedings against the petitioner in the banking dispute.
Directing the bank to furnish a certified statement of accounts; granting two months to clear overdues in two installments with a stay on further recovery proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
WP(C).No.643 OF 2020(E)
PETITIONER:
T.K.THULASI AGED 49 YEARS W/O. SIVADAS, THULASI BHAVAN,KRISHNAKRIPA, PATHIRICODE P.O,MALAPPURAM 679 326
BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SRI.T.S.NEJIMUDDIN SMT.T.V.NEEMA
RESPONDENTS:
1 STATE BANK OF INDIA REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM 695 001
2 STATE BANK OF INDIA, EDATHANTTUKARA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, MANNARKKAD TALUK, PALAKKAD 678 582
3 THE AUTHORISED OFFICER STATE BANK OF INDIA, RACC , MANNARKKAD NAMBOODIRI'S ARCADE, MAIN ROAD, PALAKKAD 678 006
R1-3 BY ADV. SRI.GEORGE THOMAS (MEVADA)(SR.) R1-3 BY SRI.AMAL GEORGE, SC, SBI
OTHER PRESENT:
SRI.AMAL GEORGE, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No. 643 of 2020
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ALEXANDER THOMAS, J.
==================
WP(C).NO.643 of 2020
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Dated this the 13th day of January, 2020
J U D G M E N T
The prayers in the above Writ Petition (Civil) are as follows:
iii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case. ”
appearing for the petitioner and Sri.Amal George, learned Standing Counsel appearing for the respondents (State Bank of India).
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respondent bank. Further that, in case of petitioner does not comply with any one of the above said conditions and commits default in any of the installments, then the respondent bank will immediately take steps to recommence the impugned proceedings from the stage, where it has been stopped. It is also pointed out that, as on now the overdues to be cleared from the petitioner in which loan transaction for regularizing the loan account is Rs.1,23,444/- as on 09.01.2020. Taking note of the above said submissions made on behalf of the respondent bank, the following directions and orders are passed;
i) The competent official of the respondent finance institution shall immediately furnish a comprehensive and authenticated statement of accounts pertaining to the above said loan transaction to the petitioner, showing the details and the precise figure regarding the over dues to be cleared by the petitioner for regularization of the loan account
ii) The petitioner will thereupon clear the entire over dues for regularization of the loan account in 2 equal installments on or before 10.02.2020 and 10.3.2020. Further it is ordered that the petitioner shall pay all the applicable charges and interest thereon and should also clear regular EMIs in time. Until then, further impugned steps in Ext.P-2 proceedings shall be kept in abeyance in respondents bank.
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iii) However, in case the petitioner does not comply with any one of the abovesaid conditions, then the respondent bank will be at liberty to recommence the impugned proceedings from the stage where it has been stopped.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
(Sd/-)
ALEXANDER THOMAS JUDGE
LU
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATD 3-1-2013 IN WP(C) 30866/2012 EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 22424/2013 DATED 10-09-2013 EXHIBIT P3 \TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE BANK DATED 2-1-2020 EXHIBIT P4 TRUE COPY OF THE POSSESSION NOTICE RULE 8(1) DATED 01-01-2020 ISSUED BY STATE BANK OF INDIA, PALAKKAD. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 3-092018 ISSUED BY THE GOVERNMENT DISTRICT HOSPITAL, PERINTHALMANNA EXHIBIT P6 TRUE COPY OF THE OUTPATIENT CARD DATED 2706-2019 GOVERNMENT MEDICAL COLLEGE, KOZHIKODE EXHIBIT P7 TRUE COPY OF THE SCAN REPORT CARD DATED 2706-2019 OF GOVERNMENT MEDICAL COLLEGE, KOZHIKODE
// True Copy // PA To Judge
2 issues framed by the court
Whether petitioner should be allowed time to clear bank loan dues to regularize the account and stay further recovery proceedings.
Whether to direct the bank to provide a certified statement of the exact amount due to the petitioner.
T.K.THULASI
STATE BANK OF INDIA, INCLUDING R1 STATE BANK OF INDIA REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM AND R2 STATE BANK OF INDIA, EDATHANTTUKARA BRANCH
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
