Allowed

Jessy Dennis v. State of Kerala

Kerala HC4 Jan 2023WP(C)/38122/2022

Case brief

AI extract

What is this about?

This writ petition challenged recovery measures initiated by a bank regarding defaulted education loan arrears. The petitioner, a nursing student who pursued IELTS instead of employment, sought a structured repayment plan. The Court allowed the petition and directed the petitioners to clear dues in six equal monthly installments, with recovery proceedings kept on hold upon compliance.

What did the court decide?

The petitioners are directed to repay the arrears with interest and cost in six equated monthly installments, with recovery proceedings stayed pending compliance.

Jessy Dennis Vs State of Kerala — Banking and Recovery | 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 V.G.ARUN

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WEDNESDAY, THE 4^TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

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WP(C) NO. 38122 OF 2022

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PETITIONERS:

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1 JESSY DENNIS, W/O. DENNIS, MENPOOR, KALAYANTHANI, THODUPUZHA, IDUKKI DISTRICT, PIN - 685588

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2 DENNIS M. SEBASTIAN S/O. SEBASTIAN, MENPOOR, KALAYANTHANI, THODUPUZHA, IDUKKI DISTRICT, PIN - 685588 3 MELDY DENNIS, D/O. DENNIS, MENPOOR, KALAYANTHANI, THODUPUZHA, IDUKKI DISTRICT, PIN - 685588

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BY ADVS. JOMON J. MALIEKAL JOSEPH P P

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RESPONDENTS:

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1 STATE OF KERALA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, MAHATMA GANDHI ROAD, NEAR CENTRAL STADIUM JUNCTION, STATUE, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN - 695001 2 THE DISTRICT COLLECTOR COLLECTORATE, KUYILIMALA, IDUKKI, PIN - 685603 3 DEPUTY TAHASILDAR THODUPUZHA - MUVATTUPUZHA ROAD, THODUPUZHA TALUK, THODUPUZHA, IDUKKI DISTRICT, PIN - 685584 4 VILLAGE OFFICER ALAKODE VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685588 5 UNION BANK OF INDIA KALAYANTHANI BRANCH, REP. BY ITS MANAGER, THODUPUZHA, IDUKKI DISTRICT, PIN - 685588 BY ADV GOVERNMENT PLEADER

W.P.(C). 38122/2022

OTHER PRESENT:

GP P.S.APPU; SC A.S.P.KURUP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C). 38122/2022

JUDGMENT

Dated this the 4^th day of January, 2023

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The petitioners availed an educational loan for remitting fees for the 3^rd petitioner to pursue her nursing course. The 3^rd petitioner completed the course, but was unable to repay the loan, since she decided to pursue IELTS instead of taking up employment. As a result, the loan fell in default and the Bank initiated recovery measures. This writ petition is filed seeking an opportunity to settle the arrears by effecting payment in installments.

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Heard learned Counsel for the petitioners and the learned Standing Counsel.

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Learned Standing Counsel submitted that the arrears as on date is Rs.1,10,000/-.

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Learned Counsel for the petitioners submitted that the petitioners are willing to pay off the arrears in reasonable installments.

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W.P.(C). 38122/2022

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The writ petition is accordingly disposed of with the

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following directions;

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(i) The petitioners shall repay the amount in arrears with interest and cost, in six equated monthly installments.

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(i) The first installment shall be paid on or before 31.01.2023 and the balance installments, on or before the last working day of every succeeding month.

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(iii) Along with the installments towards arrears, the petitioners should also remit the EMI of Rs.5,833/- with bank charges, if any, promptly.

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(iv) Default in remitting any one of the instalments will result in the benefit of this judgment being withdrawn and the Bank being at liberty to continue the recovery proceedings.

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(v) If the installments are remitted without default, the recovery proceedings shall be kept on hold.

Sd/-

V.G.ARUN

JUDGE

W.P.(C). 38122/2022

APPENDIX OF WP(C) 38122/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 19-09-2022 ISSUED BY THE THIRD RESPONDENT, DEPUTY TAHASILDAR, THODUPUZHA FOR AN AMOUNT OF RS. 3,50,417/-

Jessy Dennis v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jessy Dennis v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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