Allowed

Haseena, v. Authorized Officer

Kerala HC21 Feb 2023WP(C)/4558/2023

Case brief

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What is this about?

This order in a writ petition directs the petitioner to clear an overdue bank loan amount of Rs. 2,35,000 in eight equal monthly instalments. Upon full payment, the bank must regularize the account. Coercive recovery steps are stayed pending compliance.

What did the court decide?

Directed to pay overdue amount of Rs. 2,35,000 in 8 equal monthly instalments; retention of coercive steps stayed.

Haseena, Vs Authorized 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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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 WP(C) NO. 4558 OF 2023

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PETITIONER:

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HASEENA, AGED 41 YEARS, W/O NASAR.P.V, PANTHAPALICKAL HOUSE, VELLARIMALA VILLAGE AND P.O., VYTHIRI TALUK, WAYANAD DISTRICT, PIN – 673577 BY ADVS. ASWINI SANKAR R.S. P.YADHU KUMAR SWETHA K.S. KEERTHI JAYAKUMAR

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RESPONDENT:

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AUTHORIZED OFFICER, BANK OF BARODA(PREVIOUSLY VIJAYA BANK), MEDPPADI BARANCH, WAYANAD DISTRICT, PIN - 673577

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SRI. LEO GEORGE, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 4558 of 2023

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T.R.RAVI, J.

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W.P.(C) NO. 4558 OF 2023

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Dated this the 21^st day of February, 2023

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JUDGMENT

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The prayer in the writ petition is to permit the petitioner to pay

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off the overdue amounts in the loan account availed from the respondents in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.2,35,000/-.

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In the above circumstances, the writ petition is disposed of directing the petitioner to pay off the overdue amount of Rs.2,35,000/in 8 equal monthly instalments, the first instalment falling due on or before 21.03.2023 and the subsequent instalments falling due on or before the 21^st of the succeeding months. The petitioner shall also pay

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the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioner pays the entire overdue amount, the respondents shall regularise the loan account. If

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the petitioner makes a single default in the payment of instalments,

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the respondents will be at liberty to continue with coercive steps for

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W.P.(C) No. 4558 of 2023

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recovery. The coercive steps initiated shall be kept in abeyance to

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facilitate the payment of instalments as directed above.

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Sd/T.R.RAVI, JUDGE

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APA

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W.P.(C) No. 4558 of 2023

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APPENDIX OF WP(C) 4558/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE ACCOUNT STATEMENT FROM 0109-2015 TO 25-11-2020 OF BANK OF BARODA Exhibit P2 A TRUE COPY OF THE CMP NO 7307/2017 FILED BY THE RESPONDENT BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KALPATTA, ALONG WITH NOTICE DATED 22/11/2017 Exhibit P3 A TRUE COPY OF THE NOTICE DATED 14/11/2022 ISSUED BY THE ADVOCATE COMMISSIONNER Exhibit P4 TRUE PHOTO COPY OF THE CHALLAN DATED 6.12.22 AND 7.01.23 OF BANK OF BARODA

Haseena, v. Authorized Officer

Case brief

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What did the court decide?

Haseena, v. Authorized Officer

Case brief

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What did the court decide?

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