Allowed

Aji P.M. v. State Bank of India

Kerala HC15 Dec 2022WP(C)/35185/2022

Case brief

AI extract

What is this about?

In a writ petition regarding a car loan default caused by the pandemic, the High Court permitted the petitioner to repay the outstanding sum in twelve equated monthly instalments while keeping recovery proceedings on hold pending timely payment.

What did the court decide?

Permitted repayment of Rs. 3,20,377/- with interest and cost in twelve equated monthly instalments, with recovery proceedings held in abeyance.

Aji P.M. Vs State Bank of India — Specific Performance | 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 15TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA, 1944
WP(C) NO.35185 OF 2022

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PETITIONER:

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AJI P.M.,
AGED 51 YEARS,
SON OF SRI. P.N.MATHEW,
PANAMOOTTIL HOUSE,
CHANNANIKKADU P.O.,
KOTTAYAM TALUK,
PANACHIKKADU VILLAGE,
KOTTAYAM DISTRICT,
KERALA, PIN – 686 531.

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BY ADVS.
SRI.LUKE J CHIRAYIL
SRI.M.G.SREEJITH

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RESPONDENTS:

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1STATE BANK OF INDIA,
CHINGAVANAM BRANCH,
P.B.NO.1, V.O. MARKOSE MEMORIAL HALL BUILDING,
CHINGAVANAM P.O, KERALA,
REPRESENTED BY THE CHIEF MANAGER,
PIN – 686 531.

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2THE MANAGER,
STATE BANK OF INDIA,
CHINGAVANAM BRANCH,
P.B.NO.1, V.O. MARKOSE MEMORIAL HALL BUILDING,
CHINGAVANAM P.O, KERALA,
PIN – 686 531.

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3THE DEPUTY TAHSILDAR.
KOTTAYAM TALUK.
MINI CIVIL STATION.
UNION CLUB ROAD, NEAR SBI ATM,
UNION CLUB, KOTTAYAM, KERALA.
PIN – 686 001.

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WP(C)NO.35185 OF 2022

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SC M. JITESH MENON;
GP AMMINIKUTTY K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C)NO.35185 OF 2022

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JUDGMENT

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Dated this the 15^th day of December, 2022

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The petitioner availed a car loan from the 1^st respondent/ Bank and committed default. The 1^st respondent having initiated revenue recovery proceedings, this writ petition is filed seeking an opportunity to pay off the debt in reasonable instalments.

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Heard learned Counsel for the petitioner and the learned Standing Counsel for the Bank.

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Learned Counsel for the petitioner submitted that, the default is not willful and the petitioner had availed the loan for running the new vehicle as a taxi car. By reason of COVID19 pandemic and lockdown, the petitioner could not ply his vehicle and this had resulted in the instalments being defaulted.

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Learned Standing Counsel submitted that, even as on 24.08.2022, an amount of Rs.3,20,377/- (Rupees Three lakh twenty thousand three hundred and seventy seven only) was

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due from the petitioner, and if at all instalment facility is granted that should be limited to the minimum.

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WP(C)NO.35185 OF 2022

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In view of the above submissions, the writ petition is

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disposed of, as under:

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(i) The petitioner is permitted to repay the amount of Rs.3,20,377/- with interest and cost, if any, in twelve equated monthly instalments.

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(ii) The 1^st instalment shall be paid on or before 15.01.2023 and the balance instalments, before the 15^th of every succeeding month.

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(iii) Along with the instalments towards the overdue amount, the petitioner shall also remit the regular EMIs promptly.

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(iii) Default in payment of any one of the instalments will result in the benefit of this judgment being withdrawn and the Bank being at liberty to continue the recovery proceedings.

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(iv) If the instalments are remitted without default, the recovery proceedings shall be kept on hold.

Sd/-

V.G.ARUN JUDGE

WP(C)NO.35185 OF 2022

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APPENDIX OF WP(C) 35185/2022

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PETITIONER’S EXHIBITS:-

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Exhibit P1THE TRUE COPY OF THE BANK STATEMENT OF
THE ACCOUNT NUMBER: 67341237413 DATED
29/10/2022 OF SBI, CHINGAVANAM BRANCH

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Exhibit P2THE TRUE COPY OF THE BANK STATEMENT
WITH ACCOUNT NUMBER: 39414024571 DATED
29/10/2022 OF SBI, CHINGAVANAM BRANCH

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Exhibit P3THE TRUE COPY OF THE BANK STATEMENT OF
THE ACCOUNT NUMBER: 39968452777 DATED
29/10/2022 OF SBI, CHINGAVANAM BRANCH

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Exhibit P4THE TRUE COPY OF THE DEMAND NOTICE
NUMBERED RRC NO.:2022/6067/05 DATED
12/09/2022 ISSUED BY THE 3RD RESPONDENT

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Exhibit P5THE TRUE COPY OF THE DEMAND NOTICE
NUMBERED RRC NO.:2022/6067/05 DATED
14/09/2022 ISSUED BY THE 3RD RESPONDENT

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RESPONDENTS EXHIBITS:-NIL

Aji P.M. v. State Bank of India

Case brief

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Aji P.M. v. State Bank of India

Case brief

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