Disposed

Molly K v. Kerala Gramin Bank

Kerala HC2 Feb 2023WP(C)/933/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding loan repayments. The court ordered the petitioners to clear agricultural and housing loan dues in installments, keeping coercive recovery steps in abeyance pending compliance, as they had complied with earlier directions.

What did the court decide?

Petitioners ordered to repay loan dues in installments; coercive recovery measures stayed pending payment compliance.

Molly K Vs Kerala Gramin Bank — 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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THURSDAY, THE 2^ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944

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WP(C) NO. 933 OF 2023

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PETITIONERS:

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1 MOLLY K AGED 51 YEARS W/O THOMAS, PARAVILA PUTHENVEEDU, ENATHU P O, PATHANAMTHITTA DISTRICT, PIN – 691526.

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2 JOJI THOMAS AGED 27 YEARS S/O THOMAS,PARAVILA PUTHENVEEDU, ENATHU P O, PATHANAMTHITTA DISTRICT, PIN – 691526.

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BY ADVS. SANTHOSH PETER (MAMALAYIL) P.N.ANOOP MINI ELIZABETH GEORGE

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RESPONDENTS:

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KERALA GRAMIN BANK ENATHU BRANCH, ENATHU P O, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, PIN – 691526.

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SRI. M. GOPIKRISHNAN NAMBIAR, SC.

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

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02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 933 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.933 of 2023

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Dated this the 02^nd day of February, 2023

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JUDGMENT

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When the case is taken up today, the counsel for the respondent submitted that the petitioners had complied with the interim directions issued by this Court and the amount paid has been adjusted towards the overdue amount in the housing loan. The present overdue amount in the housing loan comes to Rs.76,500/- and the amount outstanding in the agricultural loan is Rs.53,740/-. It is submitted that as far as the agricultural loan is concerned the period is over.

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Having considered the incidents pointed out by the petitioners which had happened after the passing of the earlier judgment and the fact that the petitioners have complied with the interim directions, the writ petition is disposed of with the following directions:

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(a). The petitioners shall pay the outstanding amount of agricultural loan of Rs.53,740/- along with future interest in six equal monthly instalments, the 1^st instalment falling due on

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WP(C) NO. 933 OF 2023

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before 02.03.2023 and the subsequent instalments falling due on or before the 02^nd day of the succeeding months.

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(b). The petitioners shall pay the overdue amount of Rs.76,500/- in the housing loan in ten equal monthly instalments, the 1^st instalment falling due on before 02.03.2023 and the subsequent instalments falling due on or before the 02^nd day of the succeeding months. The petitioners shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above.

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(c). If the petitioners make two consecutive defaults in the payment of the instalments as directed above, the respondent is at liberty to continue with coercive steps for recovery. The coercive steps initiated shall be kept in abeyance to facilitate the petitioners to pay the amounts in instalments as directed above.

Sd/-

T.R.RAVI

JUDGE

mpm

WP(C) NO. 933 OF 2023

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APPENDIX OF WP(C) 933/2023

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN W P (C) NO. 11804/2022 DATED 04/04/2022. ExhibitP2 A TRUE COPY OF THE RELEVANT PAGE OF THE ACCOUNT DETAILS. ExhibitP3 TRUE COPY OF THE BILL DATED 03/07/2022 ISSUED BY THE A J HOSPITAL & RESEARCH CENTRE, KUNTIKANA MANGALURU. Exhibit4 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL OFFICER, GENERAL HOSPITAL, AROOR DATED 04/01/2023. ExhibitP5 A TRUE COPY OF THE RELEVANT PAGE OF THE ACCOUNT DETAILS REGARDING THE PAYMENT OF SEPTEMBER 2022. ExhibitP6 A TRUE COPY OF THE DEATH CERTIFICATE OF KUNJUMON S FATHER OF THE 1ST PETITIONER DATED 05/11/2022. ExhibitP7 A TRUE COPY OF THE ACCOUNT DETAILS DETAILING THE PAYMENT ON 28/11/2022. ExhibitP8 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 19/12/2022.

Molly K v. Kerala Gramin Bank

Case brief

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What did the court decide?

Molly K v. Kerala Gramin Bank

Case brief

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