Petitioner, a guarantor facing possession threat for defaulted loan, sought regularization citing pandemic. Court noted pending DRT application and allowed approach to compromise that application. Petition disposed.
Petitioner permitted to approach the Debt Recovery Tribunal to compromise the pending Original Application for recovery.
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 A.M.BADAR
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.2355 OF 2021(T)
PETITIONER:
SOUJATH MUSTHAFA AGED 45 YEARS W/O.MUSTHAFA, FAIZ VILLA, BEHIND CIVIL STATION KOYILANDY, KOYILANDY (P.O.), KOZHIKODE (DIST.), - 673 305.
BY ADV. SMT.K.DEEPA (PAYYANUR)
RESPONDENTS:
1 SOUTH INDIAN BANK LTD. REGIONAL OFFICE, HAPPY TOWER, VAIKOM MOHAMMED BASHEER ROAD, MANACHIRA, KOZHIKODE, REGD.OFFIE, SIB HOUSE, T.B.ROAD, MISSION QUARTERS, THRISSUR - 680 001 REPRESENTED BY THE CHIEF MANAGER.
2 THE AUTHORIZED OFFICER M/S.SOUTH INDIA BANK, REGIONAL OFFICE, HAPPY TOWER, VAIKOM MOHAMMED BASHEER ROAD, MANACHIRA (P.O.), KOZHIKODE - 673 001. R1-2 BY ADV. SRI.SUNIL SHANKER R1-2 BY ADV. SMT.VIDYA GANGADHARAN
SC-- SUNIL SHANKAER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of February 2021
Heard the learned counsel for the petitioner.
WP(C).No.2355 OF 2021(T)
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willing to get the loans regularized. My attention is also drawn to the statement of accounts at Ext.P4.
In this view of the matter, the petition is disposed of.
SD/-
A.M.BADAR
Nsd //TRUE COPY// PA TO JUDGE
JUDGE
WP(C).No.2355 OF 2021(T)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 21/01/2020 IN W.P(C) NO.33542/2019 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE DATED 07/09/2020 ISSUED TO THE PETITIONER AND HER HUSBAND BY THE RESPONDENT BANK.
EXHIBIT P3 TRUE COPY OF THE REPLY NOTICE DATED 18/09/2020 WITH RESPONSE TO EXT.P3 SENT BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR THE PERIOD FROM 11/11/2016 TO 06/10/2020 ISSUED TO THE PETITIONER FROM THE RESPONDENT BANK.
1 issue framed by the court
Whether the writ petition for regularization of recalled loan due to pandemic impact and inability to repay should be allowed.
Soujath Musthafa
South Indian Bank Ltd.
A.M.Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
