Disposed

Thambi V.N. v. the State Bank of India

Kerala HC16 Jan 2020WP(C)/746/2020

Case brief

AI extract

What is this about?

The High Court directed the State Bank of India to allow the petitioner, a fisherman in financial distress, to pay the outstanding loan in 12 equal monthly installments. Coercive proceedings were stayed conditionally; default on any installment would revive recovery actions and nullify the stay.

What did the court decide?

Directed respondents to permit the petitioner to pay the entire outstanding amount in 12 equal monthly installments; coercive proceedings stayed conditionally upon compliance.

Thambi V.N. Vs the State Bank of India — Contract and Commercial Disputes | Kerala HC (2020)

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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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THURSDAY, THE 16TH DAY OF JANUARY 2020 / 26TH POUSHA, 1941

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WP(C).No.746 OF 2020(P)

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PETITIONER:

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THAMBI V.N. AGED 58 YEARS VENMALASSERY HOUSE, AYYAMPILLY PO, KUZHUPILLY, NORTH PARAVOOR,

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BY ADV. SRI.PRASAD CHANDRAN

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RESPONDENTS:

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1 THE STATE BANK OF INDIA CHERAI BRANCH, REPRESENTED BY ITS MANAGER, PIN-683514.

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2 THE VILLAGE OFFICER, VILLAGE OFFICE, KUZHUPPILLY, 682501.

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SMT. PRINCY XAVIER, GOVERNMENT PLEADER ADV.M. JITHESH MENON, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.746 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) to issue a writ of certiorari calling for the records leading to the case and quash Exhibit P4 notice issued the 2^nd respondent;

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(ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent bank to permit the petitioner to pay the balance amount of 38,950/- in a phased manner, by providing 10 monthly installments in the interest of justice;”

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Heard the learned counsel for the petitioner and the learned

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Standing Counsel appearing for the Bank.

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It is submitted by the learned counsel for the petitioner that though the petitioner had agreed to pay off the loan amount in loan and such an agreement was recorded in Ext.P2 before the Lok Adalat. The petitioner is unable to make the entire payment and he seeks indulgence for payment of the amounts found due in installments. It is submitted that the petitioner is a poor fisherman and he has no means to pay off the entire amounts at once.

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The learned Standing Counsel appearing for the Bank submits that the offer of one time settlement given to the petitioner was not honoured and that as such, an amount of Rs.1,03,371/- (Rupees One Lakh Three Thousand Three Hundred and Seventy One only) is due as on

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WP(C).No.746 OF 2020

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15.01.2020 on the loan.

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It is submitted by the learned counsel for the petitioner that

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the petitioner will pay off the entire amounts found due in installments, if he is given a reasonable time.

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Having considered the contentions advanced on either side and taking note of the contention of financial stringency urged by the petitioner and taking note of the fact that he is only a fisherman, there will be a direction to the respondents to permit the petitioner to pay off the entire amounts in 12 equal monthly installments. The first instalment shall be due on 15.02.2020 and the subsequent installments shall be due on the corresponding dates of the subsequent months. In case the petitioner remits the amounts as directed above without default, the coercive proceedings initiated shall be kept in abeyance. However, it is made clear that if the petitioner commits any default in remitting the amounts as directed above by defaulting a single instalment, the petitioner shall lose the benefit of the judgment and the amount shall be payable and the recovery proceedings can continue from the stage at which it is stopped. The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.746 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PASS BOOK OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE AWARD OF THE LOK ADALATH. EXHIBIT P3 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT DATED 11.10.2019. EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 4.1.2020.

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RESPONDENT'S/S EXHIBITS: NIL

Thambi V.N. v. the State Bank of India

Case brief

What is this about?

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Thambi V.N. v. the State Bank of India

Case brief

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