Allowed

Mini Shaji v. the Authorised Officer

Kerala HC5 Oct 2023WP(C)/31995/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought regularization of a loan account and installment relief via mandamus.Disposed of the petition allowing the petitioner to remit the total dues in 12 equal monthly installments with the bank accepting the same and staying SARFAESI proceedings.

What did the court decide?

Petitioner to remit total dues in 12 equal monthly installments; Bank to accept; SARFAESI proceedings to be kept in abeyance.

Mini Shaji Vs the Authorised Officer — Contract and Commercial Disputes | Kerala HC (2023)

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WP(C) NO. 31995 OF 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 K. BABU

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THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
WP(C) NO. 31995 OF 2023

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PETITIONER:

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MINI SHAJI
AGED 49 YEARS
W/O SHAJI K.K., KALLURUMBIL HOUSE,
MANNARATHARA, MANNOOR P.O., IDUKKI, PIN - 685581
BY ADV M.R.SASITH

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RESPONDENT:

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THE AUTHORISED OFFICER
KERALA GRAMIN BANK, COASTAL TOWERS (KARITHATT),
NEAR SAMSKARA JUNCTION, PIPELINE ROAD,
PALARIVATTOM, COCHIN, PIN - 682025

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SRI. JAWAHAR JOSE -SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 31995 OF 2023

K.BABU, J

W.P(C) No.31995 of 2023

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Dated this the 5^th day of October, 2023

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J U D G M E N T

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The prayers in this Writ Petition are as follows:

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“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant 24 equal monthly installments for repayment of entire default arrears due to respondent and regularise loan account.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant 24 equal monthly installments for repayment of entire amount due to respondent.

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iii) Grant such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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Heard both sides.

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Upon instructions the learned counsel for the respondent Bank

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submitted that the total amount due to the bank is Rs.9,99,928/-. The

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Bank is agreeable to permit the petitioner to remit the amount in 12 instalments. In the above circumstances, the Writ Petition is disposed of

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with the following directions:-

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(i) The petitioner shall remit the total amount of Rs.9,99,928/- together with any accrued interest and charges in 12 equal monthly instalments.

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WP(C) NO. 31995 OF 2023

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(ii) The first instalment shall be paid on or before 24.10.2023 and the subsequent instalments shall be paid on the last working day of every succeeding month.

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(iii) The respondent Bank shall accept the loan amount from the petitioner as stated above.

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(iv) In the event of default of payment of any one instalment, the respondent Bank is entitled to proceed in accordance with law.

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(v) The proceedings initiated under the SARFAESI Act against the petitioner shall be kept in abeyance to facilitate repayment as stated above.

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K.BABU

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WP(C) NO. 31995 OF 2023

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APPENDIX OF WP(C) 31995/2023

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE SALE NOTICE DATED
12.09.2023

Mini Shaji v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

Mini Shaji 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

Coram

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