Dismissed

Sherly Thomas v. the Deputy General Manager

Kerala HC8 Aug 2022WP(C)/8270/2022

Case brief

AI extract

What is this about?

Writ petitioner, a senior citizen, challenged the inability to close a bank loan due to refusal of account statement and non-extension of waiver schemes. Court permitted approach to bank for statement and waiver request.

What did the court decide?

Petitioner permitted to approach Bank for account statement and submit representation for waiver; Bank directed to furnish statement and consider request per RBI circulars.

Sherly Thomas Vs the Deputy General Manager — 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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MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944
WP(C) NO. 8270 OF 2022

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PETITIONER/S:

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SHERLY THOMAS
AGED 65 YEARS
W/O E. T. THOMAS,
ELANJERIL HOUSE, PUTHUKKALAVATTOM,
ELAMAKKARA P.O.,ERNAKULAM, PIN - 682026

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BY ADVS.
SASI M.R.
SILPA N.P
DHARMYA M.S
KAVYA KRISHNAN

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RESPONDENT/S:

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1 THE DEPUTY GENERAL MANAGER CANARA BANK CIRCLE OFFICE, T. D. ROAD, ERNAKULAM, PIN - 682035

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2THE SENIOR BRANCH MANAGER
CANARA BANK, KALOOR II BRANCH,
SAIPADMAN BUILDING, DESABHIMANI JUNCTION,
KALOOR, ERNAKULAM, PIN - 682014

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OTHER PRESENT:

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SC M.GOPIKRISHNAN NAMBIAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8270 OF 2022

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JUDGMENT Dated this the 8^th day of August, 2022

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This writ petition is filed pointing out that, in spite of

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the petitioner being willing to close the loan availed from Canara Bank, Kaloor, II Branch, he is disabled from doing so, as the respondents have refused to provide him with a copy of the account statement. It is also the petitioner’s case that the benefits available to persons belonging to the economically weaker section is not being extended to him.

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Learned Standing Counsel for the Bank submits that, as on 08.08.2020, an amount of Rs.1,96,984/- is due under the loan account and presently the loan is enjoying a moratorium till October, 2022, under the Covid resolution framework. It is submitted that the petitioner can approach the Bank for obtaining a copy of the account statement and make a representation for waiver of interest. If so, the representation will be considered in accordance with the prevailing circulars and directions issued by the Reserve Bank of India.

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WP(C) NO. 8270 OF 2022

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Learned Counsel for the petitioner reiterates that

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the petitioner is a senior citizen belonging to lowest strata of society and the Bank is therefore obligated to extend the loan waiver schemes to his account.

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Having heard the learned Counsel on either side, the Writ Petition is disposed of, permitting the petitioner to approach the Bank with a request for copy of the up-to-date account statement and submit a representation seeking writing off the loan or waiver of interest. There upon, the Bank shall furnish copy of the up-to-date account statement and consider the petitioner’s request for writing off the loan or waiver of interest, in accordance with the extant circulars.

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Sd/-
V.G.ARUN
JUDGE

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RK

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WP(C) NO. 8270 OF 2022

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APPENDIX OF WP(C) 8270/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE STATEMENT OF ACCOUNTS.
Exhibit P2TRUE COPY OF SETTLEMENT DEED NO.
3347/92 DATED 29/07/1992 OF SUB
REGISTRY, EDAPPALLY.
Exhibit P3TRUE COPY OF THE PROPERTY TAX RECEIPT
IN RESPECT OF THE LAND FOR THE
FINANCIAL YEAR 2021-2022.
Exhibit P4TRUE COPY OF THE APPLICATION DATED
30.10.2021 UNDER THE PROVISIONS OF THE
RIGHT TO INFORMATION ACT.
Exhibit P5TRUE COPY OF THE LAWYER NOTICE DATED
13/10/2021.
Exhibit P6TRUE COPY OF THE LETTER DATED
18/02/2022 FROM SENIOR BRANCH MANAGER,
CANARA BANK, KALOOR BRANCH.

Sherly Thomas v. the Deputy General Manager

Case brief

What is this about?

What did the court decide?

Sherly Thomas v. the Deputy General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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