Disposed

Ajims Mohammed v. State of Kerala

Kerala HC23 Nov 2022WP(C)/20835/2022

Case brief

AI extract

What is this about?

The Court disposed of the writ petition wherein the petitioner, facing default due to pandemic-induced business closure, sought an opportunity to repay its bank loan. The Court permitted repayment via installments pending revenue recovery proceedings.

What did the court decide?

Petitioner permitted to repay the entire amount due with interest and cost in 15 equated monthly installments, with recovery proceedings stayed.

Ajims Mohammed Vs State of Kerala — 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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WEDNESDAY, THE 23^RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,

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1944

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WP(C) NO. 20835 OF 2022

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PETITIONER/S:

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AJIMS MOHAMMED AGED 48 YEARS SON OF MOHAMMED SIDDIQUE, ARAYAPARAMBIL HOUSE, PERINGALA, PERUMBALLOOR, PIN - 686673 BY ADVS. PEEYUS A.KOTTAM JOMON J. MALIEKAL ARJUN S BENEDICT JERIN P. JAMES

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MAHATHMA GANDHI ROAD, NEAR, CENTRAL STADIUM, JUNCTION, STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 3 DEPUTY TAHSILDAR (RR) MUVATTUPUZHA TALUK, FIRST FLOOR, MINI CIVIL STATION, PATTIMATTOM - MUVATTUPUZHA RD, MUVATTUPUZHA, PIN - 686673 4 VILLAGE OFFICER MARADY, THODUPUZHA - MUVATTUPUZHA RD, THOTTUMKALPEEDIKA, MUVATTUPUZHA, PIN - 686661

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5 STATE BANK OF INDIA REPRESENTED BY ITS MANAGER, KACHERITHAZHAM, MUVATTUPUZHA, PB NO. 1, MUNICIPAL SHOPPING COMPLEX BUILDING, KACHERITHAZHAM, MUVATTUPUZHA P.O., PIN - 686661 BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SC G.G. MANOJ;GP AMMINIKUTTY K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 20835 of 2022

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JUDGMENT

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Dated this the 23^rd day of November, 2022

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The petitioner availed credit facilities from the Muvattupuzha Branch of the State Bank of India. The petitioner claims that repayment towards the loan was effected promptly till the advent of Covid-19 pandemic. The petitioner's source of income is a 'Thattukada' conducted by him in Muvattupuzha Town. The Thattukada had to be closed down during the lockdown period. The only source of income having thus dried up, the repayment was defaulted. This resulted in the bank initiating revenue recovery proceedings. The petitioner is before this Court seeking an opportunity to repay the loan amount in reasonable installments.

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I heard the learned Counsel for the

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petitioner and the learned Standing Counsel for the Bank.

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W.P.(C) No. 20835 of 2022

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Learned Counsel for the petitioner submitted that the default is not wilful and

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given an opportunity, the petitioner will pay off the entire amount due.

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Learned Standing Counsel for the Bank

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submitted that as on today, Rs.13,17,001/- is due under the loan account and if at all the petitioner is permitted to repay the amount in instalments, that should be limited to the minimum.

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being faced by the public at large after the advent of Covid-19 and the lockdown, I am

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inclined to grant a reasonable opportunity to the petitioner to pay off the loan amount with applicable charges, if any.

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In the result, the writ petition is disposed of as under;

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(i) The petitioner is permitted to pay off

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W.P.(C) No. 20835 of 2022

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the entire amount due with interest and cost in 15 equated monthly instalments.

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(ii) The first instalment shall be remitted on or before 23.12.2022 and the balance

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instalments, before the 23^rd of every succeeding month.

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(iii) Default in remitting any one of the installments will result in the benefit granted under this judgment being withdrawn and the bank

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being at liberty to continue the recovery proceedings.

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default, the recovery proceedings shall be kept in abeyance.

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V.G.ARUN JUDGE

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Scl/23.11.2022

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W.P.(C) No. 20835 of 2022

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PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RECEIPT SHOWING THE LICENSE FEE OF RS.2,000/- FOR THE YEAR 2020-21 Exhibit P2 TRUE COPY OF THE RECEIPT SHOWING ACCEPTANCE OF LICENSE FEE FOR THE YEAR 2022-23 BY THE MUNICIPALITY TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 21.05.2022 ISSUED BY THE DEPUTY TAHASILDAR (RR) FOR AN AMOUNT OF RS.9,04,970/Exhibit P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 21.05.2022 ISSUED BY THE DEPUTY TAHASILDAR (RR) FOR AN AMOUNT OF RS.2,05,000/Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 30.05.2022 SUBMITTED BY THE PETITIONER

Ajims Mohammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajims Mohammed v. State of Kerala

Case brief

What is this about?

What did the court decide?

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