Allowed

Fairoose v. the Branch Manager

Kerala HC22 Jan 2021WP(C)/796/2021

Case brief

AI extract

What is this about?

This writ petition challenging proposed recovery proceedings by a bank was disposed of by permitting the petitioner to clear the outstanding loan amount in eight equal monthly instalments starting from 15.03.2021, with a liberty to the bank to resume proceedings upon default.

What did the court decide?

Petitioner permitted to repay outstanding amount in eight equal monthly instalments starting 15.03.2021; Bank granted liberty to proceed with recovery on default.

Fairoose Vs the Branch Manager — Banking and Recovery | Kerala HC (2021)

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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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FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

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WP(C).No.796 OF 2021(Y)

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PETITIONER:

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FAIROOSE, AGED 32 YEARS, SS/O. LATE KUTTYHASSAN V.P., VALIYAPARAMBIL (H), ATHRISSERI P.O., PONMUNDAM, TIRUR - 676 106.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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THE BRANCH MANAGER, STATE BANK OF INDIA, PULPARAMBA BRANCH, MALAPPURAM - 673 634.

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BY ADVS. SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.AMAL GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.796 OF 2021(Y)

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JUDGMENT

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The petitioner is aggrieved by Ext.P2 letter issued by the respondent Bank proposing recovery proceedings towards the defaulted loan amount.

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2. According to the petitioner, his

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father had availed the loan and he passed away on 14.01.2019 and petitioner is not in a position to make the payment immediately. However, it is stated that in case, instalment facility is allowed and the payment is rescheduled, he would be able to make the payment.

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3. Sri.Amal George, the learned Standing Counsel for the Bank, on instructions submits that the amount outstanding against the petitioner is Rs.1,15,159/- as on 14.01.2021. It is stated that the loan itself is granted

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WP(C).No.796 OF 2021(Y)

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on condition that it should be repaid within twelve months. However, the learned Standing Counsel submitted that in case petitioner makes payment in instalments, the proceedings for recovery can be stalled.

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In the aforesaid circumstances, the writ petition is disposed of permitting the petitioner to make the payment of the outstanding amount in eight equal monthly instalments starting from 15.03.2021. In case petitioner commits any default in payment of any of the instalments, the Bank would be at liberty to proceed with the recovery proceedings, in accordance with law.

Sd/-

P.V.ASHA JUDGE

WP(C).No.796 OF 2021(Y)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 05-08-2019 OF THE PETITIONER'S FATHER. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 13-10-2020 ISSUED TO PETITIONER'S FATHER BY RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 30-11-2020 FOR REPHASEMENT.

Fairoose v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Fairoose v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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