Allowed

Pauline Mary v. District Collector

Kerala HC19 Dec 2023WP(C)/41461/2023

Case brief

AI extract

What is this about?

This writ petition challenging bank recovery proceedings was allowed. The Court permitted the petitioner to clear the loan outstanding of Rs.1,69,382 in 20 monthly installments, directing the bank to close the account and return security upon payment.

What did the court decide?

Liberty to pay the outstanding loan amount of Rs.1,69,382 in 20 equal monthly installments; on payment, the respondent bank to close the account and return security documents.

Pauline Mary Vs District Collector — 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945

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WP(C) NO. 41461 OF 2023

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PETITIONER:

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PAULINE MARY
AGED 51 YEARS
D/O.SUSA MARY, PALAKKUNNEL, KIZHANGUVILA,
PUTHIYATHURA, THIRUVANANTHAPURAM, PIN - 695526
BY ADV M.R.SASITH

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RESPONDENTS:

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1 DISTRICT COLLECTOR COLLECTORATE, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043

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2 KERALA STATE FINANCIAL ENTERPRISES LTD KANJIRAMKULAM (187), .S.D. BUILDINGS, NEAR POST OFFICE, KANJIRAMKULAM P.O.,THIRUVANANTHAPURAM, PIN - 695524

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3 SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD.(RR), 1ST FLOOR, S.N. COMPLEX, MAIN ROAD, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121

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4 SUNNY C. S/O.CYRLING ,PALAKKUNNEL, KIZHANGUVILA, PUTHIYATHURA, THIRUVANANTHAPURAM., PIN – 695526 SRI.P.PRIJITH – SC

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GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 41461 OF 2023 2

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JUDGMENT

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When this matter was called today, Sri.P.Prijith – learned Standing Counsel for the 2^nd respondent – Kerala State Financial Enterprises Ltd. (KSFE), submitted that, the total outstanding in the loan account of the petitioner, as on 31.12.2023, is Rs.1,69,382/-; and that if she is willing to pay the same in not more than 20 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

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Sri.Sasith M.R. – learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

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I notice from the files that summons issued to respondent No.4 has not been returned. However, since the petitioner takes upon herself the responsibility of making payment in terms of the afore suggestion and since the 4th respondent is her own husband - who is the borrower of the loan - I am of the view that there will be no inhibition for this Court in disposing of this matter, in terms with the consent between the parties.

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In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the loan account, namely, Rs.1,69,382/- as on 31.12.2023, with all applicable

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WP(C) NO. 41461 OF 2023 3

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charges and interest, in 20 equal monthly installments commencing from 22.01.2024. If this is done, the 2^nd respondent – KSFE shall close the loan account and return the security documents to her, on proper receipt.

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Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P1 and P2 will stand deferred; but if she defaults payment of two consecutive installments as ordered above, the 2^nd respondent – KSFE will be at full liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/19.12

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WP(C) NO. 41461 OF 2023 4

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APPENDIX OF WP(C) 41461/2023

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF DEMAND NOTICE ISSUED BY
THE 3RD RESPONDENT DATED 31.01.2023 BEARING
RRC NO.2022/14381/01
Exhibit P2THE TRUE COPY OF THE NOTICE PRIOR TO SALE
DATED 31.01.2023 ISSUED BY THE 3RD
RESPONDENT

Pauline Mary v. District Collector

Case brief

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Pauline Mary v. District Collector

Case brief

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