Allowed

C. Jayapalan v. the District Collector

Kerala HC7 Jul 2022WP(C)/20693/2022

Case brief

AI extract

What is this about?

This writ petition seeks relief for an education loan defaulter unable to repay due to daughter's unemployment and pandemic impact. The court allowed the petitioner to discharge the debt in 15 EMIs while remitting collection charges, suspending revenue recovery proceedings provided there is no default.

What did the court decide?

Allowed the petitioner to repay the balance amount in 15 EMIs within 15 days, remit collection charges, and kept revenue recovery proceedings in abeyance pending payment.

C. Jayapalan Vs the District Collector — Banking and Recovery | 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 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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WP(C) NO. 20693 OF 2022

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PETITIONER:

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C. JAYAPALAN AGED 67 YEARS

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S/O. CHAMY, VEETUKUZHY HOUSE, JYOTHI NAGAR, MEKAD, ALUVA, ERNAKULAM.

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BY ADVS. C.S.MANILAL S.NIDHEESH

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR CIVIL STATION, KAKKANADU, ERNAKULAM - 682021.

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2 THE DEPUTY TAHSILDAR, TALUK OFFICE, ALUVA ERNAKULAM - 683101.

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3 THE STATE BANK OF INDIA, REPRESENTED BY THE BRANCH MANAGER, DEPAUL ACADEMY BRANCH, ANGAMALY SOUTH, ANGAMALY, ERNAKULAM - 680308.

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BY ADVS. AMMINIKUTTY K., GOVERNMENT PLEADER JITESH MENON, STANDING COUNSEL FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20693 OF 2022

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JUDGMENT

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Dated this the 07^th day of July, 2022

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The petitioner had availed an education loan in the year 2013 for the purpose of his daughter’s Engineering studies. As per the loan agreement, the amount was to be repaid from 2017 onwards. Some amounts were paid initially and petitioner defaulted repayment from 2019. This resulted in the Bank initiating recovery proceedings. The writ petition is filed seeking an opportunity to repay the balance amount in easy installments.

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Learned Counsel for the petitioner submitted that the petitioner’s daughter has not been able to secure proper employment and the loan period will be over only in the year 2022. Hence, the petitioner may be permitted to repay the balance amount in easy installments.

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Learned Standing Counsel for the Bank submitted that, as on 01.07.2022, an amount of Rs.3,54,133/- is due under the loan account and the

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WP(C) NO. 20693 OF 2022

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petitioner having willfully defaulted repayment from 2019 onwards, is liable to repay the whole amount in lump. It is submitted that, in case installment facility is granted, that should be limited to the minimum. It is pointed out that, revenue recovery proceedings having been initiated, the petitioner should be directed to pay the collection charges also.

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Considering that the loan was availed for educational purposes and the undeniable fact that the pandemic and resultant lockdown has affected the public at large, I am inclined to dispose of the writ petition as under;

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i. The entire balance amount along with interest and cost, shall be paid in 15 equated monthly installments. The petitioner shall also remit the collection charges due to the revenue recovery authorities.

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ii. The 1^st installment shall be paid on or before 15.08.2022 and the balance installments, before the 15^th day of every succeeding month.

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iii. Default in any of the installments will result in the

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WP(C) NO. 20693 OF 2022

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benefit of this judgment being withdrawn and the Bank being at liberty to continue with recovery

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proceedings.

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iv. If the amounts are paid without default, recovery based on Ext.P1 shall be kept in abeyance.

Sd/-

V.G.ARUN

JUDGE

NB/7-7

WP(C) NO. 20693 OF 2022

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PETITIONER’S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.04.2022.

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EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ACCOUNT DATED 21.06.2022.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

C. Jayapalan v. the District Collector

Case brief

What is this about?

What did the court decide?

C. Jayapalan v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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