Allowed

Shah Abdul Khan, v. the Authorised Officer

Kerala HC5 Apr 2023WP(C)/3138/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking permission to pay off an overdue bank loan in instalments. It permitted repayment over 12 equal monthly instalments with regularisation upon full compliance and recovery proceedings upon double default.

What did the court decide?

Permission granted to pay off the overdue amount in 12 equal monthly instalments with loan regularisation upon compliance and recovery proceedings suspended.

Shah Abdul Khan, Vs the Authorised Officer — 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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WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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WP(C) NO. 3138 OF 2023

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PETITIONER:

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SHAH ABDUL KHAN, AGED 55 YEARS, S/O ABDUL KHAN, KODALIPARAMBIL, MANGARAM, PANDALAM. (P.O), PANDALAM VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689501

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BY ADV K.K.SETHUKUMAR

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RESPONDENTS:

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1 THE AUTHORISED OFFICER, ICICI BANK LTD.( HOME LOANS), ZONAL OFFICE, PUSHPAMANGALAM ESTATE, NH BYPASS, EDAPPALLY, KOCHI, PIN - 682024

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2 THE MANAGER, ICICI BANK LTD.( HOME LOANS), PULIMOOD BRANCH, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. LAL K.JOSEPH T.A.LUXY P.MURALEEDHARAN (THURAVOOR) SURESH SUKUMAR ANZIL SALIM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3138 OF 2023

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T.R. RAVI, J.

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W. P. (C). No.3138 of 2023

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Dated this the 5^th day of April, 2023

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JUDGMENT

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The petitioner has approached this Court seeking permission to pay off the amounts due to the respondent Bank in easy instalments. The counsel for the respondents on instructions submits that the overdue amount comes to ₹6,62,665/-.

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In the above circumstances, this writ petition is disposed of permitting the petitioner to pay off the overdue amount in 12 equal monthly instalments, the 1st instalment falling due on or before 05.05.2023 and the subsequent instalments falling due on or before 5 th of the succeeding months. The petitioner shall pay the regular monthly instalments along with the instalments towards the overdue amounts. If the petitioner pays the entire instalments as directed above, the respondents shall regularise the loan account. If the petitioner makes two defaults in payment of instalments, the respondents are at liberty to proceed with the recovery. Steps for recovery shall be kept in abeyance to facilitate the payment of instalments.

Sd/-

T.R. RAVI

JUDGE

WP(C) NO. 3138 OF 2023

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APPENDIX OF WP(C) 3138/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE PHOTO COPY OF THE NOTICES ISSUED UNDER SECTION 13(1) DATED 13/01/2023 Exhibit P2 TRUE PHOTOCOPIES OF THE COUNTER FOIL OF THE REMITTANCE OF RS.2 LAKHS DATED 23/01/2023 Exhibit P3 TRUE PHOTOCOPY OF THE REQUESTS DATED 27/01/2023 GIVEN TO THE 1ST RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF POSTAL RECEIPT

Shah Abdul Khan, v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

Shah Abdul Khan, v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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