Nisha Noushad v. Chief Manager, Sbt

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 8764 of 2015 (U) --------------------------- PETITIONER:

-------------------- NISHA NOUSHAD, D/O. NOUSHAD, AGED 24 YEARS, NISHA MANZIL, CHENGULAM P.O., OYOOR, KOLLAM.

BY ADV. SRI.SYAM J.SAM.

RESPONDENTS:

------------------------

1. CHIEF MANAGER, SBT, POOYAPPALLY, KOTTARAKKARA, KOLLAM-691 506.

2. DEPUTY TAHSILDAR, KOTTARAKKARA, KOLLAM-691 506.

R1 BY ADV. SRI.R.S.KALKURA, SC.

R2 BY GOVT. PLEADER SMT.M.T. SHEEBA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 8764 of 2015 (U) APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1- THE TRUE COPY OF THE DEMAND NOTICE UNDER SECTION RR ACT ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No.8764 of 2015 ---------------------------------------------------- Dated this the 4th day of June,2015

J U D G M E N T

------------------------- The petitioner, who defaulted payment of educational loan has approached this Court challenging revenue recovery proceedings. The only prayer made by the petitioner before this Court is for instalment facility to pay the entire liability.

2.

It is submitted by the learned counsel for the bank that they have already instituted a suit. It is further submitted that liability is around 5 lakhs.

3.

Considering the facts and circumstances, the following directions are issued:

i) The petitioner shall deposit Rs.1 lakhs within one month.

ii) If the petitioner deposits Rs.1 lakhs as above, the petitioner shall pay the entire amount in ten equal instalments, thereafter.

W.P.(C).No.8764 of 2015 iii) If the petitioner commits default in paying the amount as indicated above, the respondent bank is at liberty to proceed against the petitioner in accordance with law.

iv) To work out the above relief, revenue recovery proceedings shall be deferred.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/