The High Court disposed of a writ petition by the borrowers against a bank seeking a stay on possession and time to repay defaulted loan instalments, directing payment of the dues by a specific date.
Directing the petitioners to pay the overdue amount and regular instalments by 10.10.2023; keeping further proceedings in abeyance upon payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
WP(C) NO. 23847 OF 2023
PETITIONER/S:
BY ADVS.
C.K.GOVINDAN L.P.ARAVINDAKSHAN
RESPONDENT/S:
BY ADV SRI.S.EASWARAN, SC, INDIAN BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23847/2023
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J U D G M E N T
The present writ petition under Article 226 of the
Constitution of India has been filed seeking the following
reliefs:
“a. A writ of mandamus or direction or any other form of writ against the respondents for not to take possession of the property and the residential building situated therein and grant breathing time to settle all the dues payable towards defaulted instalments to the respondent Bank.
b. To grant such other reliefs that may be prayed for from time to time and this Honourable Court may be pleased to grant deem fit considering the circumstance of the case.
c. Dispense with filing of the vernacular documents.”
overdue amount as of 24.07.2023 is Rs.1,83,596/-.
confined his submission and states that the petitioners are
ready to pay the overdue amount by 10.10.2023 and the regular instalments thereafter.
W.P.(C) No.23847/2023
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the said submission of the learned Counsel for the petitioners.
into consideration all the facts and circumstances of the case, the present writ petition is disposed of with a direction to the petitioners to pay the overdue amount in respect of the loan availed by them on or before 10.10.2023 and also pay the
regular instalments.
5.1 In case the petitioner pays the outstanding overdue
amount, the further proceedings shall be kept in abeyance and
shall not be enforced.
With the aforesaid directions, the writ petition stands
disposed of.
Sd/-
DINESH KUMAR SINGH JUDGE
jjj
W.P.(C) No.23847/2023
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APPENDIX OF WP(C) 23847/2023 PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE SALE DEED NO,786/2019 OF KOCHI SRO DATED 8-3-2019 Exhibit -P2 TRUE COPY OF THE LETTER ISSUED BY THE ALLAHABAD BANK DATED 28-3-2019 Exhibit -P3 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, EDAKOCHI DATED 01-10-2022 Exhibit-P4 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY KOCHI CORPORATION DATED 05-01-2023
1 issue framed by the court
Whether the writ petition seeking stay of possession and time to pay the loan dues ought to be allowed.
1 provisions across 1 enactments
INSAMAMULHAQ M.R.
SHAMEEMA
M.H.RASHEED
INDIAN BANK
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
