Disposed

Manju P Panicker v. Reserve Bank of India

Kerala HC16 Aug 2022WP(C)/4208/2021

Case brief

AI extract

What is this about?

In this writ petition regarding a housing loan default, the High Court of Kerala permitted the petitioner to repay the balance dues in three monthly instalments. Upon successful payment, recovery proceedings were kept in abeyance; default would restore the proceed. A copy of the account statement was ordered provided to the petitioner.

What did the court decide?

Permit petitioner to pay off balance amount in three equated monthly instalments; keep revenue recovery proceedings in abeyance if paid without default.

Manju P Panicker Vs Reserve Bank of India — 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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TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944

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WP(C) NO. 4208 OF 2021

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PETITIONER/S:

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MANJU P PANICKER
AGED 40 YEARS
W/O. P.G.SAIJU, ALAKA, 139, BGRA, INDIRA NAGAR,
PEROORADA, THIRUVANANTHAPURAM.
BY ADV M.R.SARIN

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RESPONDENT/S:

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1 RESERVE BANK OF INDIA THIRUVANANTHAPURAM BRANCH OFFICE, BAKERY JUNCTION, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS REGIONAL DIRECTOR.

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2 STATE BANK OF INDIA CORPORATE CENTRE, 4TH FLOOR STATE BANK BHAVAN, MADAMECAME, MUMBAI 400021 REPRESENTED BY ITS CHIEF MANAGER.

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3 BANKING OMBUDSMAN RESERVE BANK BUILDING, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM-695 033.

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4 STATE BANK OF INDIA VANCHIYOOR BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER 695 035. BY ADV SRI.R.S.KALKURA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4208 OF 2021

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JUDGMENT

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Dated this the 16^th day of August, 2022

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The petitioner availed a housing loan from the 4^th respondent in the year 2011 with repayment period of 15 years. Petitioner defaulted repayment and the Bank initiated revenue recovery proceedings.

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Learned counsel for the petitioner submitted that the petitioner is willing to pay off the amount in three equated instalments, after deducting the amounts already paid.

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Learned Standing Counsel for the Bank submitted that as on 27.7.2022, the balance amount due towards petitioner's account is Rs.2,58,440/-.

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Considering the limited relief sought, the writ petition is disposed permitting the petitioner to pay off the balance amount in three equated monthly instalments. The first instalment shall be made on or before 20.09.2022 and the balance instalments before the 20^th of the succeeding months. The amounts so far paid by the petitioner shall be correctly accounted and a copy of the account statement furnished to the petitioner. Default in any of the instalments will result in

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WP(C) NO. 4208 OF 2021

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the benefit of this judgment being recalled and respondents 1 and 2 being at liberty to continue the recovery proceedings. If the instalments are remitted without default, the revenue recovery proceedings shall be kept in abeyance.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 4208 OF 2021

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APPENDIX OF WP(C) 4208/2021

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`PETITIO`	`NER`	`EXHIBITS`
`EXHIBIT`	`P1`	`THE TRUE COPY` `1.12.2019.`	`OF BANK STATEMENT DATED`
`EXHIBIT`	`P2`	`THE TRUE COPY` `BEFORE THE LEG` `TRIVANDRUM IN` `1.11.2010.`	`OF THE COMPLAINT FILED` `AL SERVICE AUTHORITY` `COMPLAINT NO.32837/2019 ON`
`EXHIBIT`	`P3`	`THE TRUE COPY` `LEGAL SERVICE` `COMPLAINT NO.3`	`OF PROCEEDINGS (ORDER) OF` `AUTHORITY TRIVANDRUM IN` `2837/2019 ON 14.12.2019`
`EXHIBIT`	`P4`	`THE TRUE COPY` `CLAIMING EXAGG` `26.12.2019.`	`OF THE BANK STATEMENT` `ERATED AMOUNT DATED`
`EXHIBIT`	`P5`	`THE TRUE COPY` `THE PETITIONER` `ON 11.11.2020.`	`OF REPRESENTATION FILED BY` `BEFORE THE IST RESPONDENT`
`EXHIBIT`	`P6`	`THE TRUE COPY` `PETITIONER BEF` `11.11.2020.`	`OF REPRESENTATION FILED BY` `ORE 2ND RESPONDENT ON`
`EXHIBIT`	`P7`	`THE TRUE COPY` `2ND RESPONDENT`	`OF REPLY ORDER ISSUED BY` `ON 1.12.2020.`
`EXHIBIT`	`P8`	`THE TRUE COPY` `IST RESPONDENT`	`OF REPLY ORDER ISSUED BY` `ON 13.1.2021.`
`EXHIBIT`	`P9`	`THE TRUE COPY` `THE RESERVE BA` `13.01.2021.`	`OF THE REPLY NOTICE FROM` `NK OF INDIA DATED`

Manju P Panicker v. Reserve Bank of India

Case brief

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Manju P Panicker v. Reserve Bank of India

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