Partly allowed

Thanuja Devi v. State Bank of India

Kerala HC20 Feb 2023WP(C)/2660/2023

Case brief

AI extract

What is this about?

This single-paragraph order discharged a writ petition challenging a bank's recovery proceedings under Section 14. The Court recorded the Respondent's undertaking to implead the borrower's legal heirs before continuing proceedings and closed the writ petition accordingly.

What did the court decide?

The writ petition was closed after the Respondent undertook to implead the legal heirs.

Thanuja Devi Vs State Bank of India — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE T.R.RAVI

¶4

MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

¶5

WP(C) NO. 2660 OF 2023

¶6

PETITIONER:

¶7

THANUJA DEVI AGED 52 YEARS W/O LATE TOM KURUVILA PHILIP, THAZHAMON PUTHEN PURACKAL HOUSE, KANJEETTUKARA P.O., AYIROOR, PATHANAMTHITTA, PIN 689 611

¶8

BY ADVS. SARATH M.S. B.PREMNATH (E)

¶9

RESPONDENT:

¶10

STATE BANK OF INDIA (SUCCESSOR OF STATE BANK OF TRAVANCORE), STRESSED ASSETS RECOVERY BRANCH, LMS COMPOUND, MUSEUM WEST GATE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 033 REPRESENTED BY ITS AUTHORIZED OFFICER,

¶11

BY ADV TOM K.THOMAS

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO. 2660 OF 2023

¶14

¶15

T.R.RAVI, J.

¶16

WP (C) No.2660 of 2023

¶17

 Dated this the 20thday of February, 2023

¶18

JUDGMENT

¶19

The grievance of the petitioner is that the legal heirs of
the deceased borrower have not been put on notice and
proceedings under Section 14 are being proceeded. The
Standing Counsel on instructions submits that they will
implead the legal heirs and thereafter continue the
proceedings. The above submission is recorded.

¶20

The writ petition is closed.

¶21

Sd/-

¶22

T.R.RAVI

¶23

JUDGE

¶24

sn

¶25

WP(C) NO. 2660 OF 2023

¶26

¶27

APPENDIX OF WP(C) 2660/2023

¶28

PETITIONER'S EXHIBITS

¶29

Exhibit P1 TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE ISSUED TO PETITIONER'S HUSBAND I.E. TOM KURUVILA PHILIP DATED 16/6/2020 Exhibit P2 TRUE COPY OF THE LOAN ACCOUNT STATEMENT DATED 26 /12/2022 ISSUED BY RESPONDENT BANK Exhibit P3 TRUE COPY OF THE STATEMENT FROM THE SBI LIFE INSURANCE WITH RESPECT TO THE INSURANCE AMOUNT OF PETITIONER'S HUSBAND TOM K. PHILIP

¶30

RESPONDENT'S EXHIBITS

¶31

EXHIBIT R1(A)	TRUE COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER TO THE ADVOCATE COMMISSIONER DATED 23.12.2022
EXHIBIT R1(B)	TRUE COPY OF STATEMENT OF ACCOUNT IN A/C NO.67349840209
EXHIBIT R1(C)	TRUE COPY OF STATEMENT OF ACCOUNT IN A/C NO.67384717580
EXHIBIT R1(D)	TRUE COPY OF STATEMENT OF ACCOUNT IN A/C NO.67349840505

¶32

//TRUE COPY// PA TO JUDGE

Thanuja Devi v. State Bank of India

Case brief

What is this about?

What did the court decide?

Thanuja Devi v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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