Dismissed

Prabhakara Rai v. Kerala Gramin Bank

Kerala HC3 Aug 2023WP(C)/8872/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging loan recovery notices. The petitioner, facing default on a bank loan, sought time and stay on recovery. The judge granted a 15-month installment plan for the principal amount, deferred recovery proceedings upon payment, and retained rights for future interest.

What did the court decide?

Petitioner granted 15 months to repay principal; revenue recovery proceedings deferred if paid.

Prabhakara Rai Vs Kerala Gramin Bank — 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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 3^RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945

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WP(C) NO. 8872 OF 2023

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PETITIONER:

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PRABHAKARA RAI AGED 57 YEARS SON OF THIMMANNA RAI, MEGINAKADAR HOUSE, BADIYADUKA, PERDALA, KASARGOD, PIN - 671551 BY ADVS. ANIL PRASAD C.N.SREEKUMAR SABU P.JOSEPH MANJU PAUL TONY GEORGE THOMAS ARYA K.K.

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RESPONDENTS:

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1 KERALA GRAMIN BANK REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE AT KGB TOWERS, AK ROAD, UPHILL, PB NO. 10, MALAPPURAM, PIN - 676505 2 THE MANAGER KERALA GRAMIN BANK, JAYANAGARA BRANCH, JAYANAGARA P.O., KASARGOD, PIN - 671551 3 THE SPECIAL DEPUTY TAHASILDAR (R.R) TALUK OFFICER-KASARGOD, COURT ROAD, NEAR MALLIKARJUNA TEMPLE, KASARGOD, PIN - 671123 4 VILLAGE OFFICER, BADIYADUKKA VILLAGE, BADIYADIKKA POST, KASARGOD, PIN - 671551 BY ADVS. SRI. B.S.SYAMANTAK, GP SRI. JAWAHAR JOSE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.8872 OF 2023

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C) No.8872 of 2023

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---------------------------------------------Dated this the 03^rd day of August, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“i. To declare that the Exhibit P3 demand notice RRC No, 2022/4385/14 dated 23-02-2023 is illegal and cannot be enforced;

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ii. To pass an order staying all further proceedings in consequent to Exhibit P1,P2 and P3 demand notice RRC No, 2022/4385/14 dated 23-02-2023 and set aside the same;

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iii. To direct the respondents to grant 24 months’ time to petitioner to repay the entire due amount to the respondent 1 and 2 considering the financial difficulty due to loss of agriculture produce and Covid-19 pandemic situation;

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WP(C) NO.8872 OF 2023

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iv. this Hon’ble Court, may please to dispense with the production of English translation of the documents in vernacular language produced as exhibits along with this writ petition;

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v. Issue such other orders or directions, which in the facts and circumstances of the case, this Hon`ble Court deems fit to grant. ”[SIC]

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Petitioner availed a loan from the

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respondent bank. When there was default in repaying the amount, revenue recovery proceedings were initiated against him. At this stage, this writ petition is filed.

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Heard the learned counsel appearing for the petitioner, the learned Government Pleader and the learned Standing counsel appearing for the respondent bank.

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The Standing counsel appearing for the respondent bank submitted that the outstanding

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WP(C) NO.8872 OF 2023

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amount due in the loan account is Rs.2,15,832/-. The counsel appearing for the petitioner seeks 24 equal monthly instalments. Standing counsel appearing for the respondent bank objected the same. Considering the facts and circumstances of the case, I think 15 instalments can be granted on condition that the petitioner will pay future interest and service charges, if any.

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Therefore, this writ petition is disposed of with the following directions:

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i. The petitioner is free to pay the entire amount of Rs.2,15,832/- in 15 equal monthly instalments starting from 01.09.2023.

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ii. If there is any default of two consecutive instalments, the respondents are free to proceed in accordance with law.

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iii. If the amount is paid as directed

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WP(C) NO.8872 OF 2023

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above, the revenue recovery proceedings based on Ext.P3 shall be deferred.

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iv. After collecting the entire amount,

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the respondents are also free to collect the future interest during the instalment period and service charges, if any.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO.8872 OF 2023

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APPENDIX OF WP(C) 8872/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE LETTER DATED 1105-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE LETTER DATED 2709-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE RRC NO, 2022/4385/14 DATED 23-02-2023 ISSUED BY THE 3RD RESPONDENT

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RESPONDENTS EXHIBITS :NIL

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//TRUE COPY// PA TO JUDGE

Prabhakara Rai v. Kerala Gramin Bank

Case brief

What is this about?

What did the court decide?

Prabhakara Rai v. Kerala Gramin Bank

Case brief

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What did the court decide?

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