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Anurag P.A. v. the Managing Director

Kerala HC10 Nov 2022WP(C)/12370/2022

Case brief

AI extract

What is this about?

The petitioner, who defaulted on an education loan from the SC/ST Development Corporation due to lack of employment, sought a writ for installment repayment. The court directed him to pay the balance amount in 12 monthly installments, conditionally keeping recovery proceedings in abeyance.

What did the court decide?

The petitioner was permitted to repay the balance amount in 12 equated monthly installments; recovery proceedings were kept in abeyance contingent on timely repayment; default would lead to resumption

Anurag P.A. Vs the Managing Director — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 10^TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944

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WP(C) NO. 12370 OF 2022

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PETITIONER:

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ANURAG P.A. AGED 28 YEARS S/O. ANILKUMAR, P.B., PUTHENCHIRA HOUSE, VENNALA P.O. ERNAKULAM DISTRICT 682 028.

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BY ADVS. P.K.BABU(K/167/1987) C.N.PRAKASH T.ANCY

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RESPONDENTS:

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1 THE MANAGING DIRECTOR, SC/ST DEVELOPMENT CORPORATION, DIRECTORATE OF SCHEDULED CASTE CORPORATION, TOWN HALL ROAD, THRISSUR DISTRICT 680 020.

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2 THE REGIONAL MANAGER, KERALA STATE SC/ST DEVELOPMENT CORPORATION LIMITED DISTRICT OFFICE, CHOOLAKKAL BUILDING, TRIPUNITHURA ROAD, VYTTILA, ERNAKULAM 682 019.

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BY ADV. M.K.CHANDRA MOHANDAS, STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.12370 OF 2022

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JUDGMENT

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Dated this the 10^th day of November, 2022

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The petitioner availed an education loan of Rs.1 lakh from the respondent/Corporation to pursue his studies in Mechanical Engineering in the Cochin University of Science and Technology, Ernakulam. The loan agreement was executed on 29.01.2014. The loan amount was to be repaid within five years. The petitioner defaulted in repaying the loan amount, which, according to the petitioner, is for the reason that he was not able to secure a proper employment after completing the course. This resulted in the Corporation initiating recovery proceedings. Hence, this writ petition.

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Learned Counsel for the petitioner submitted that the petitioner is ready and willing to repay the amount, if reasonable time is granted.

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Learned Standing Counsel for the Corporation submitted that, even as on 06.06.2022, the amount due from the petitioner was Rs.1,29,583/- and if at all

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WP(C) NO.12370 OF 2022

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an opportunity for repayment in installments is granted, that should be limited to the minimum.

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Learned Counsel for the petitioner submitted

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that, considering that the petitioner has remitted an amount of Rs.30,000/- during the pendency of this writ petition, the Corporation should be directed to grant maximum installments.

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The writ petition is accordingly disposed of as under;

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i. The petitioner is permitted to repay the balance amount with interest and cost, if any in 12 equated monthly installments.

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ii. The 1^st installment shall be paid on or before 10.12.2022 and the balance installments, before the 10^th day of every succeeding month.

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iii. Default in any one of the installments or the monthly subscription will result in the benefits granted under this judgment being withdrawn and the Corporation being at liberty to proceed with the recovery.

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WP(C) NO.12370 OF 2022

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iv. If the amounts are paid without default, the recovery proceedings initiated against the petitioner and his property shall be kept in abeyance.

Sd/-

V.G.ARUN

JUDGE

NB/10-11

WP(C) NO.12370 OF 2022

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APPENDIX OF WP(C) 12370/2022

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PETITIONER’S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PROVISIONAL CERTIFICATE OF B. TECH (MECHANICAL ENGINEERING), OBTAINED BY THE PETITIONER DATED 19/07/2021 ISSUED BY THE CONTROLLER OF EXAMINATIONS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY.
EXHIBIT P2	TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT CORPORATION ON 28/02/2022.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23/03/2022.
EXHIBIT P4	TRUE COPY OF THE DETAILS REGARDING THE SPECIALTIES OF THE DEVICE, LINI POD AND ITS PICTURES.
EXHIBIT P5	TRUE COPY OF THE MEDICAL RECORDS ISSUED BY VARIOUS HOSPITAL FROM 20-4-2022 TO 27-04-2022.

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RESPONDENTS’ EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Anurag P.A. v. the Managing Director

Case brief

What is this about?

What did the court decide?

Anurag P.A. v. the Managing Director

Case brief

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