Partly allowed

Kamarudheen v. District Collector

Kerala HC19 Jan 2023WP(C)/1687/2023

Case brief

AI extract

What is this about?

This order in a writ petition challenging bank recovery measures granted the petitioner an opportunity to repay the outstanding loan of Rs.8,32,953/- in 15 monthly installments, keeping recovery proceedings on hold during compliance.

What did the court decide?

Petitioner permitted to repay overdue amount of Rs.8,32,953/- with interest and cost if any, in 15 equated monthly instalments.

Kamarudheen Vs District Collector — Specific Performance | 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 V.G.ARUN

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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W.P.(C) NO.1687 OF 2023

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PETITIONER:

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KAMARUDHEEN, AGED 63 YEARS, S/O.MUHAMMED KASIM, MARUVAMPADOM,

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VADAVANNUR, KOLLENGODE, PALAKKAD DISTRICT, PIN-678 506.

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BY ADV. K. MOHANAKANNAN

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RESPONDENTS:

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1 DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD, PIN-678 001.

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2 TAHSILDAR (RR), TALUK OFFICE, CHITTUR, PALAKKAD, PIN-678 001.

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3 THE VILLAGE OFFICER, VADAVANNUR VILLAGE OFFICE, VADAVANNUR, PALAKKAD, PIN-678 504.

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4 STATE BANK OF INDIA, VADAVANNUR, PALAKKAD, PIN-678 504 REPRESENTED BY ITS BRANCH MANAGER

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5 STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BRANCH, PALAKKAD, PIN-678 001.

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6 CANARA BANK, VADAVANNUR, PALAKKAD, PIN-678 504 REPRESENTED BY ITS BRANCH MANAGER

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R1-R3 SMT. AMMINIKUTTY K., GOVERNMENT PLEADER

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R4-R5 SRI. JITHESH MENON, STANDING COUNSEL, STATE BANK OF INDIA

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R6 SRI. M. GOPIKRISHNAN NAMBIAR, STANDING COUNSEL, CANARA BANK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.1687 OF 2023

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JUDGMENT

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Dated this the 19^th day of January, 2023

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The petitioner availed an agricultural loan of Rs.8,00,000/- and Kisan Cash Credit of Rs.1,00,000/- from the State Bank of India. The petitioner having committed default in repayment, the Bank initiated recovery measures. Aggrieved, this writ petition is filed.

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Learned Counsel for the petitioner submits that the recovery has been initiated clubbing together the agricultural loan as well as the Kisan Cash Credit and mortgage being only with respect to the agricultural loan, the consolidated recovery is illegal.

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Learned Standing Counsel submits that on an earlier occasion, the petitioner was afforded an opportunity to close the loan account under the RIN Samadhan Scheme but he did not avail the opportunity. As on date, an amount of Rs.8,32,953/- is due from the petitioner and if the petitioner is willing, he can pay off the amount in minimum instalments.

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W.P.(C) NO.1687 OF 2023

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Considering the difficulties being faced by the public due to the impact of Covid-19 and lock down, and taking into account the fact that the loans were availed for agricultural purposes, I am inclined to grant an opportunity to the petitioner to pay off the amount in reasonable instalments.

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The writ petition is accordingly disposed of as under;

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i) The petitioner is permitted to repay the overdue amount of Rs.8,32,953/-, with interest and cost if any, in 15 equated monthly instalments.

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ii) The first instalment shall be paid on or before 20.02.2023 and the balance instalments, before the 20^th of every succeeding month.

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

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

Sd/-

V.G. ARUN JUDGE

bpr

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W.P.(C) NO.1687 OF 2023

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APPENDIX OF WP(C) 1687/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT UNDER FORM NO.16 OF RR DATED 23-12-2022.

Kamarudheen v. District Collector

Case brief

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Kamarudheen v. District Collector

Case brief

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