Disposed

Jayasree v. Vs State Bank of India

Kerala HC18 Jan 2021WP(C)/13194/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to direct the Permanent Lok Adalat to conclude proceedings regarding a home loan dispute and extended an interim order restraining the respondent banks from realizing EMI payments till the proceedings at the Lok Adalat conclude.

What did the court decide?

Directing Respondents 1 and 2 to abstain from realising the EMI due on the loan till the proceedings in O.P. No. 2/2020 before the Permanent Lok Adalat are finally concluded.

Jayasree v. Vs State Bank of India — Consumer Protection | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶3

MONDAY, THE 18TH DAY OF JANUARY 2021/28TH POUSHA, 1942

¶4

WP(C).No.13194 OF 2020(Y)

¶5

PETITIONERS:

¶6

1 JAYASREE V.,AGED 49 YEARS, W/O. LATE ANILKUMAR K.P., MADATHIL VEEDU, PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.

¶7

2 ANIJA A.KUMAR, AGED 27 YEARS, D/O. LATE ANILKUMAR K.P., MADATHIL VEEDU, PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.

¶8

3 ANJU A. KUMAR, AGED 19 YEARS D/O. LATE ANILKUMAR K.P., MADATHIL VEEDU, PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.

¶9

4 P.PADMAVATHY AMMA, AGED 75 YEARS, M/O. LATE ANILKUMAR K.P., MADATHIL VEEDU, PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.

¶10

BY ADVS. SRI.SHYAM PADMAN SRI.C.M.ANDREWS SRI.P.T.MOHANKUMAR SMT.BOBY M.SEKHAR SMT.IRENE ABRAHAM SRI.HARISH ABRAHAM

¶11

RESPONDENTS:

¶12

1 STATE BANK OF INDIA, THAMPANOOR BRANCH, RAMAKRISHNA BUILDING, THAMPANOOR, THIRUVANANTHAPURAM-695 014 REPRESETNED BY ITS BRANCH MANAGER.

¶13

2 THE MANAGER,STATE BANK OF INDIA, REGIONAL ASSETS AND CREDITS, PROCESSING CENTRE (RACPL), L.M.S. COMPOUND, THIRUVANANTHAPURAM-695 033.

¶14

3 SBI LIFE INSURANCE COMPANY LTD., CENTRE T.C.9/1094-1 3RD FLOOR, SASTHA BUILDING, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010 REPRESENTED BY ITS BRANCH MANAGER.

¶15

R1-R2 BY ADV. SRI.R.S.KALKURA R3 BY ADV. SRI.K.JAJU BABU (SR.) R3 BY ADV. SMT.M.U.VIJAYALAKSHMI

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.13194/2020

JUDGMENT

Dated this the 18^th day of January, 2021

¶21

The petitioners seek to direct the Permanent Lok Adalat, Thiruvananthapuram to take up and dispose of Ext.P1 petition in O.P. No. 2/2020 within a time frame as fixed by this Court. The petitioners have further sought to direct the 1^st respondent bank to abstain from demanding or collecting any further amount as EMI from the loan account concerned.

¶22

When this writ petition came up for admission on 22.07.2020, this Court passed an interim order directing respondents 1 and 2 to abstain from realising the EMI due on the loan for a period of two months. The said interim order was being extended from time to time.

¶23

When the writ petition came up for hearing today,

¶24

the learned counsel for the petitioner submitted that O.P.

¶25

¶26

¶27

No. 2/2020 of Permanent Lok Adalat, Thiruvananthapuram stands posted for evidence on 19.01.2021 and the writ petition can be disposed of extending the benefit of the interim order till the conclusion of the proceedings, before the Permanent Lok Adalat.

¶28

I have heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1, 2 and 3.

¶29

Since the issue involved is under consideration of competent Permanent Lok Adalat, this Court is of the opinion that the writ petition can be disposed of in the above lines. In the circumstances, the writ petition is disposed of directing respondents 1 and 2 to abstain from realising the

¶30

EMI due on the loan till the proceedings in O.P. No. 2/2020 before the Permanent Lok Adalat are finally concluded.

¶31

Sd/- N. NAGARESH JUDGE

ncd

APPENDIX

PETITIONER'S EXHIBITS:

¶37

EXHIBIT P1 TRUE COPY OF THE PETITION, O.P.NO.2/2020 DATED 27.12.2019 FILED BEFORE THE HON'BLE PERMANENT LOK ADALATH THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF THE INTERIM APPLICATION, IA NO.2/2020 IN O.P.NO.2/2020 DATED 27.12.2019 FILED BEFORE THE HON'BLE PERMANENT LOK ADALATH THIRUVANANTHAPURAM.

¶38

EXHIBIT P3

¶39

TRUE COPY OF THE RELEVANT PAGE OF THE OF THE PETITIONERS PASSBOOK SHOWING THE AUTO DEBIT OF EMI TOWARDS HOME LOAN ON 5/7/2020 FROM THE PETITIONERS ACCOUNT

Jayasree v. Vs State Bank of India

Case brief

What is this about?

What did the court decide?

Jayasree v. Vs State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.P.Vinod Vs District Disaster Management Authority

Rajasree R Kamath, Vs the Union of India

Smt.Rajeswary.K, Vs State of Kerala

K.E.Sunitha Vs the Insurance Ombudsman

P.Priyeshkumar Vs State of Kerala

Kerala State Industrial Development Corporation Ltd., Vs the Secretary