Allowed

Bettish Paul v. the State Bank of India

Kerala HC17 Feb 2023WP(C)/2049/2023

Case brief

AI extract

What is this about?

In this writ petition, the court allowed the petitioner to pay the overdue loan amount in 15 equal monthly instalments. The respondent bank agreed to regularize the account upon full payment. Coercive recovery steps were suspended to facilitate the payment plan.

What did the court decide?

Petitioner directed to pay overdue amount in 15 equal monthly instalments; respondent to regularise account; coercive steps suspended.

Bettish Paul Vs the State Bank of India — Contract and Commercial Disputes | 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 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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WP(C) NO. 2049 OF 2023

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PETITIONER:

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BETTISH PAUL
AGED 61 YEARS
S/O. T.U. PAULOSE, THAIPPARAMBIL HOUSE,
KODUVATHANAM PALLI, KANAKARY P.O, ETTUMANOOR,
KOTTAYAM DISTRICT, PIN – 686632.

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BY ADVS.
K.ABOOBACKER SIDHEEQUE
MUHAMMED IBRAHIM ABDUL SAMAD
VIPIN K. VIJAYAN

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RESPONDENT:

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THE STATE BANK OF INDIA
ETTUMANOOR BRANCH, M.C ROAD, NEAR KSRTC BUS STAND, RANI
VILLA COMPLEX, STATE HIGHWAY 1, ETTUMANOOR, KOTTAYAM
DISTRICT, KERALA- 686631, REPRESENTED BY ITS AUTHORIZED
OFFICER.

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SMT. DEEPA NARAYAYNAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2049 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.2049 of 2023

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Dated this the 17^th 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 pay off the overdue amounts in the loan account availed from the respondent in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.7,38,885/-.

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In the above circumstances, the writ petition is disposed of directing the petitioner to pay of f the overdue amount of Rs.7,38,885/- in 15 equal monthly instalments, the frst i instalment falling due on or before 17.03.2023 and the subsequent instalments falling due on or before the 17 th day of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioner pay s the entire overdue amount, the respondent shall regularise the loan

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WP(C) NO. 2049 OF 2023

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account. If the petitioner makes a single default in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The coercive steps initiated shall be kept in abeyance to facilitate the payment of instalments as directed above.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 2049 OF 2023

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PETITIONER EXHIBITS

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Exhibit-P1

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A TRUE COPY OF THE NOTICE DATED 19.12.2022
UNDER 13 (2) OF THE SARFAESI ACT ISSUED BY
THE RESPONDENT BANK.

Bettish Paul v. the State Bank of India

Case brief

What is this about?

What did the court decide?

Bettish Paul v. the State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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