Allowed

Godvin Fernandaz v. Union Bank of India

Kerala HC8 Feb 2021WP(C)/1551/2021

Case brief

AI extract

What is this about?

This writ petition concerned a petition for stay of revenue recovery proceedings initiated by a bank against the petitioner's daughter's educational loan default. The High Court granted permission to repay the loan in 12 equal monthly installments and stayed recovery proceedings.

What did the court decide?

Permission to repay loan amount due within 12 equal monthly instalments with regular instalments; revenue recovery proceedings kept in abeyance.

Godvin Fernandaz Vs Union Bank of India — Banking and Recovery | Kerala HC (2021)

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W.P(C).No.1551/2021-T

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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WP(C).No.1551 OF 2021(T)

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PETITIONER:

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GODVIN FERNANDAZ, AGED 49 YEARS, S/O.ROBERT FERNANDAZ, KALLADA HOUSE, KALLUKUNNU, KATTAPPANA P.O, IDUKKI DISTRICT, PIN-685508.

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BY ADV. SRI.ALEXANDER GEORGE

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RESPONDENTS:

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1 UNION BANK OF INDIA, KATTAPPANA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, IDUKKI DISTRICT, PIN-685508.

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2 DEPUTY TAHSILDAR (R.R), IDUKKI TALUK, IDUKKI DISTRICT, PIN-685588.

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SRI.ASP.KURUP, STANDING COUNSEL, SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.1551/2021-T

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P.V.ASHA, J .

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W.P(c) No.1551 of 2021-T

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Dated this the 8^th day of February, 2021

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JUDGMENT

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The petitioner's daughter had availed an educational loan from the 1^st respondent bank. It is stated that the repayment started in September, 2015 and payment could be made only upto 30.03.2017. It is stated that as per the repayment schedule, the entire amount has to be paid off by August, 2021. In the meanwhile, the respondent bank initiated revenue recovery proceedings based on which Ext.P2 demand notice was issued. The petitioner has filed this Writ Petition pointing out the difficulty involved in making the payment.

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The learned Standing Counsel on instructions submits that the total amount outstanding is Rs.4.5 lakhs. It is also pointed out that installment facility can be granted to the petitioner.

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Therefore, the Writ Petition is disposed of permitting the petitioner to repay the loan amount due within 12 equal monthly instalments along with the regular instalments. In that event, the revenue recovery proceedings shall be kept in abeyance. In case the petitioner does not make the payment as directed, the respondents would be free to resume the revenue recovery proceedings. The respondents shall also make available an account statement to the petitioner.

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rtr/

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W.P(C).No.1551/2021-T

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A P P E N D I X

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PETITIONER'S EXHIBITS

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EXT.P1: THE TRUE COPY OF THE PLAINT FILED BY THE FIRST RESPONDENT IN OS NO.198/2020 PENDING BEFORE THE MUNSIFF COURT KATTAPPANA.

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EXT.P2: THE TRUE COPY OF THE ATTACHMENT NOTICE DATED 22.10.2020 ISSUED BY THE 2ND RESPONDENT.

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EXT.P3: TRUE COPY OF THE ORDER PASSED IN WPC.NO.9400/2020 BY HON'BLE COURT OF KERALA.

Godvin Fernandaz v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Godvin Fernandaz v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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