Allowed

Biju P. Ayyappan v. Deputy Tahsildar

Kerala HC10 Jan 2023WP(C)/574/2023

Case brief

AI extract

What is this about?

High Court of Kerala permitted a petitioner who defaulted on Mudra loans and cash credit from Punjab National Bank to repay the dues in 15 installments, restraining recovery proceedings during compliance.

What did the court decide?

Petitioner permitted to repay entire balance due with interest and costs in 15 equated monthly installments; recovery proceedings kept in abeyance if installments paid without default.

Biju P. Ayyappan Vs Deputy Tahsildar — 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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TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

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WP(C) NO. 574 OF 2023

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PETITIONER/S:

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BIJU P. AYYAPPAN AGED 43 YEARS,S/O. AYYAPPAN PERUMATTATHIL HOUSE, KUNHIMATTOM, ARIYIL P.O., PATTUVAM, KANNUR, PIN - 670143 BY ADV C.K.SREEJITH

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RESPONDENT/S:

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1 DEPUTY TAHSILDAR THALIPARAMBA TALUK, KANNUR, PIN - 670141

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2 THE BRANCH MANAGER PUNJAB NATIONAL BANK, THALIPARAMBA, KANNUR, PIN - 670141

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OTHER PRESENT:

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GP P.S.APPU; SC SANTHEEP ANKARATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 574 of 2023

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V.G.ARUN J.

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W.P.(C) No.574 of 2023

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Dated this the 10th day of January 2023

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JUDGMENT

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The petitioner availed a mudra loan and a cash credit facility from the Punjab National Bank. The petitioner having defaulted repayment, revenue recovery proceedings were initiated at the instance of the bank. Hence, this writ petition.

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The solitary submission put forth by the learned Counsel for the petitioner is that the default is not wifull and given an opportunity, the petitioner will remit the amount in installments.

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Learned Standing Counsel for the Bank submitted that the total amount due under the two loans as on 12/2/2020 is Rs.4,88,194/- and if at all any opportunity to remit the amount in installments is granted, that should be limited to the minimum.

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Taking into account the difficulties being faced by the public after the pandemic and lockdown, I am inclined to grant an opportunity to the petitioner to repay the amount in installments.

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W.P.(C) No. 574 of 2023

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The writ petition is hence disposed of as

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under;

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i. The petitioner is permitted to repay the entire balance amount due, with interest and costs if any, in 15 equated monthly installments.

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ii. The first installment shall be paid on or before 15.02.2023 and the balance installments, before the 15^th of every succeeding month.

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iii. Default in repayment of any one of the installments will result in the benefit granted under this judgment being withdrawn and the respondents being at liberty to continue the recovery proceedings.

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iv. If the installments are paid without default, the recovery proceedings shall be kept in abeyance.

Sd/-

V.G.ARUN,JUDGE

dpk

W.P.(C) No. 574 of 2023

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APPENDIX OF WP(C) 574/2023

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PETITIONER EXHIBITS Exhibit1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DT. 12/2/2020

Biju P. Ayyappan v. Deputy Tahsildar

Case brief

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Biju P. Ayyappan v. Deputy Tahsildar

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