Allowed

Renuka B v. the Authorized Officer

Kerala HC1 Feb 2023WP(C)/1046/2023

Case brief

AI extract

What is this about?

Court permitted petitioners to pay outstanding bank dues of Rs. 29.91 lakhs in fifteen monthly instalments while keeping coercive recovery steps in abeyance, subject to strict adherence and concurrency with internal bank reduction applications.

What did the court decide?

Petitioners permitted to pay outstanding dues of Rs. 29,91,033/- and future interest in fifteen equal monthly instalments; coercive steps kept in abeyance.

Renuka B Vs the Authorized Officer — Banking and Recovery | Kerala HC (2023)

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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 T.R.RAVI

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WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

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WP(C) NO. 1046 OF 2023

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PETITIONERS:

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1 RENUKA B AGED 53 YEARS W/O. SABU K.N., KOCHUPARAMBIL, SHM PO, PERUMBAIKAD, KOTTAYAM - 686013.

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2 SABU K.N AGED 53 YEARS KOCHUPARAMBIL, SHM PO, PERUMBAIKAD, KOTTAYAM – 686013.

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BY ADV T.O.XAVIER

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RESPONDENTS:

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1 THE AUTHORIZED OFFICER INDIAN BANK, KOTTAYAM BRANCH, KOTTAYAM – 686001.

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2 INDIAN BANK KOTTAYAM BRANCH, KOTTAYAM REPRESENTED BY ITS BRANCH MANAGER - 686001.

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SRI.S.EASWARAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1046 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.1046 of 2023

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Dated this the 01^st day of February, 2023

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JUDGMENT

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The prayer in the writ petition is for permission to the

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petitioners to pay off the amounts outstanding to the respondents in easy instalments.

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The Standing Counsel for the respondents on instructions submits that an amount of Rs.29,91,033/- is outstanding.

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In the above circumstances, this writ petition is disposed of permitting the petitioners to pay the amount of Rs.29,91,033/- along with future interest in fifteen equal monthly instalments, the 1^st instalment falling due on or before 02.03.2023 and the subsequent instalments falling due on or before the 02^nd day of the succeeding months. If the petitioners make a single default in the payment of the instalments as directed above, the respondents are at liberty to continue with coercive steps for recovery. The coercive

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WP(C) NO. 1046 OF 2023

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steps initiated shall be kept in abeyance to facilitate the petitioners to pay the amounts in instalments as directed above.

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The above directions will not stand in the way of the petitioners moving the Bank for any reduction in the amounts payable and if such an application is received, the same shall be considered by the Bank.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 1046 OF 2023

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APPENDIX OF WP(C) 1046/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 17/12/2022 ISSUED BY THE RESPONDENTS.

Renuka B v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Renuka B v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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