Disposed

Jerom Thomas v. the Authorized Officer

Kerala HC3 Feb 2023WP(C)/1077/2023

Case brief

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What is this about?

High Court of Kerala disposed of a writ petition seeking regularization of overdue bank loans. The court directed payment of dues in instalments for housing loans, overdraft, and agriculture loan, with strict conditions for avoiding coercive recovery steps.

What did the court decide?

Payment of housing loan overdue Rs. 1,50,000 in one sum and balance in two instalments; regularisation on full payment; overdue overdraft and agriculture loan to be paid in 12 equal monthly instalment

Jerom Thomas Vs the Authorized Officer — Consumer Protection | 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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FRIDAY, THE 3^RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944

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WP(C) NO. 1077 OF 2023

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PETITIONER:

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JEROM THOMAS AGED 46 YEARS S/O C.C THOMAS, CHEMBILAKATHU HOUSE, MANIMOOLY, VAZHIKKADAVU, MALAPPURAM DISTRICT, PIN - 679333

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BY ADV M.R.SASITH

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RESPONDENT:

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THE AUTHORIZED OFFICER CANARA BANK, REGIONAL OFFICE, MALAPPURAM DISTRICT, PIN - 676504

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BY ADV K.P.SUJESH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1077 OF 2023 2

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C).No.1077 of 2023

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Dated this the 3^rd day of February, 2023

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JUDGMENT

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The prayer in the writ petition is to permit the petitioner to wipe off the amounts due to the Bank in easy instalments. The Standing Counsel on instructions submits that the petitioner has availed three housing loans and the consolidated overdue amount comes to Rs.2,28,046/-. Apart from the three housing loans there is an overdraft facility and an agriculture loan, both of which have already become due, and the amounts due are Rs.17,09,936/ and Rs.73,733/- respectively. The Standing Counsel submits that the housing loans alone can be regularised if the entire overdue amounts are paid.

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In the above circumstances, this writ petition is disposed of with the following directions:

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The petitioner shall pay a sum of Rs.1,50,000/- on or before 03.03.2023 towards the overdue amount in the housing loan and the balance amount in two equal monthly instalments falling due on or before 03.04.2023 and 03.05.2023. On the petitioner paying

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WP(C) NO. 1077 OF 2023 3

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the entire overdue amount, the respondent shall consider regularisation of the said account.

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The petitioner shall pay the amounts outstanding in the overdraft facility and agriculture loan in 12 equal monthly instalments along with the interest accruing, the first instalment falling due on or before 03.03.2023 and the subsequent instalments falling due on or before the 3^rd day of the succeeding months.

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If the petitioner commits a single default in the payment of the instalments the respondent may continue with the coercive steps for recovery.

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Sd/-

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T.R.RAVI JUDGE

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LEK

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WP(C) NO. 1077 OF 2023 4

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APPENDIX OF WP(C) 1077/2023

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PETITIONER EXHIBITS

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Exhibit P1

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THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT BANK DATED 16/11/2022

Jerom Thomas v. the Authorized Officer

Case brief

What is this about?

What did the court decide?

Jerom Thomas v. the Authorized Officer

Case brief

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What did the court decide?

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