Disposed

Geetha K.A. v. Authorized Officer

Kerala HC3 Apr 2023WP(C)/4927/2023

Case brief

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What is this about?

The Court disposed of a writ petition seeking to pay off overdue loan amounts in instalments. It directed payment of Rs.2,01,130/- in 15 equal monthly instalments, with regular instalments also to be paid. Upon full payment, the respondent must regularize the account. Coercive steps are stayed; default leads to resumption of recovery. No interlocutory order.

What did the court decide?

Directing petitioners to pay overdue amount of Rs.2,01,130/- in 15 equal monthly instalments starting 03.05.2023, along with regular instalments. Regularization of account upon full payment. Stay of c

Geetha K.A. Vs Authorized Officer — 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 T.R.RAVI

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MONDAY, THE 3^RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945

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WP(C) NO. 4927 OF 2023

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PETITIONERS:

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1 GEETHA K.A. AGED 49 YEARS W/O. BABU K., KALATHINILKUNNATHIL HOUSE, AZHOOR, PATHANAMTHITTA., PIN - 689645 2 BABU. K AGED 51 YEARS S/O. ACHUTHAN, KALATHINILKUNNATHIL HOUSE, AZHOOR, PATHANAMTHITTA., PIN - 689645

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BY ADV JAMES ABRAHAM (VILAYAKATTU)

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RESPONDENTS:

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1 AUTHORIZED OFFICER CHOLAMANDALAM INVESTMENTS AND FINANCE COMPANY LTD., DARE HOUSE, 2, N.S.C. BOSE ROAD, PARRYS, CHENNAI., PIN - 600001

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2 CHOLAMANDALAM INVESTMENTS AND FINANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, KOCHUPARANBIL COMPLEX, KOTTAYAM-KUMALY ROAD, KOTTAYAM-, PIN - 686004 BY ADVS. P.V.SARITHA VENUGOPAL,SC N.P.RUKSANA ROHINI P.K.

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

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03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWI NG:

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WP(C) NO. 4927 OF 2023 2

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T.R. RAVI, J.

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W.P.(C).No.4927 of 2023

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Dated this the 3^rd day of April, 2023

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JUDGMENT

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The prayer in the writ petition is to permit the petitioners to pay 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.2,01,130/-.

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In the above circumstances, the writ petition is disposed of directing the petitioners to pay off the overdue amount of Rs.2,01,130/- in 15 equal monthly instalments, the first instalment falling due on or before 03.05.2023 and the subsequent instalments falling due on or before the 3^rd of the succeeding months. The petitioners shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioners pay the entire overdue amount, the respondents shall regularise the loan account. If the petitioners make a single default in the payment of instalments, the respondents will be at liberty to continue with coercive steps for recovery. The coercive steps initiated

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WP(C) NO. 4927 OF 2023 3

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shall be kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE

LEK

WP(C) NO. 4927 OF 2023 4

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APPENDIX OF WP(C) 4927/2023

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE NOTICE DATED 26.8.2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P2 A TRUE COPY OF THE PAYMENT DETAILS DOWNLOADED FROM MOBILE APPLICATION Exhibit-P3 A TRUE COPY OF THE NOTICE DATED 10.1.2023 ISSUED BY THE ADVOCATE COMMISSIONER PURSUANT TO THE ORDER IN M.C. NO. 390/2021 OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA

Geetha K.A. v. Authorized Officer

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Geetha K.A. v. Authorized Officer

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