This court granted the petitioner a one-month deferral of coercive recovery action by the respondent-Bank, allowing time to pay the entire outstanding loan liability in any chosen mode.
First Respondent-Bank directed to defer coercive action for one month; petitioner at liberty to clear liability.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13 OF 2024
PETITIONER:
PREMKUMAR, AGED 59 YEARS S/O RAMAKRISHNAN, MANGALATHU, VELUKKAVIL HOUSE, KUNNAMTHANAM.P.O., MALLAPPILLY, PATHANAMTHITTA DISTRICT,, PIN - 689581
BY ADVS. K.G.CLEETUS N.V.PAUL
RESPONDENTS:
BY ADV VISHNU B.KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13 OF 2024
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JUDGMENT
The limited plea of the petitioner is that the respondent - Bank be directed to allow him one month's time to pay off the entire liability in the loan account saying that he has already found another Bank to take over the said liability.
Needless to say, if the afore directions are violated, the benefit under this judgment will be lost to the petitioner and the Bank will be at full liberty to initiate and pursue recovery action against him as per law following due procedure.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 13 OF 2024
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APPENDIX OF WP(C) 13/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CASE SUMMARY AND CARDIAC CATHETERIZATION REPORT (IP NO.22662) DATED 10.4.2023 ISSUED FROM DEPARTMENT OF CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM TO THE PETITIONER Exhibit P2 TRUE COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT TO THE 1ST RESPONDENT DATED 7.10.2022 Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.10.2022 Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT BY PETITIONER DATED 7.10.2022 Exhibit P5 TRUE COPY OF THE REPLY DATED 20.10.2022 ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER Exhibit P6 TRUE COPY OF THE LETTER NO. CRP(2) 1865/2022 DATED 20.10.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P7 TRUE COPY OF THE REPLY LETTER NO.ARGTVA/341/2022-UI(2) DATED 3.10.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE OFFICE ORDER NO.C.P.(5) 7779/2022 DATED 6.9.2022 ISSUED BY REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE NOTICE DATED 24.9.2022 ISSUED BY 1ST RESPONDENT TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE AWARD DATED 18-12-2015 IN ARC 251/15 RECEIVED BY PETITIONER UNDER RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE 3RD RESPONDENT
WP(C) NO. 13 OF 2024
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Exhibit P11 TRUE COPY OF THE RECEIPT NO.1879 DATED 12.7.2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER
Exhibit P12 TRUE COPY OF THE NOTICE (EP NO.133/16) DATED 16.11.2023 ISSUED BY 4TH RESPONDENT TO THE PETITIONER
1 issue framed by the court
Whether petitioner is entitled to a one-month reprieve to pay off loan liability after securing a loan restructuring from another bank.
PREMKUMAR
THE MUNDIAPPALLY SERVICE CO-OPERATIVE BANK LTD.
JOINT REGISTRAR (GENERAL) (CO-OPERATION)
ASSISTANT REGISTRAR (GENERAL)
INSPECTOR/SPECIAL SALE OFFICER
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
