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High Court of KeralaWP(C)/14991/2015disposed of

Biji B. v. Chief Manager,(Authorised Officer)

2015-05-26Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 14991 of 2015 (Y) ---------------------------------------- PETITIONER:

------------------ BIJI B., AGED 38 YEARS, W/O.SATHEESHKUMAR.S, ANIZHAM, VILLIMANGALAM MUNDROTHURUTHU.P.O, KOLLAM.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS:

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

1. CHIEF MANAGER (AUTHORIZED OFFICER), STATE BANK OF TRAVANCORE, EAST KALLADA, KOLLAM DISTRICT-691001.

2. MANAGER, STATE BANK OF TRAVANCORE, EAST KALLADA BRANCH, KOLLAM DISTRICT-691001.

BY SRI.R.S.KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 14991 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE STATEMENT OF ACCOUNT FURNISHED BY THE BANK DATED 4.5.2015 EXT.P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT EXT.P3 TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DATED 2.5.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.14991 of 2015 ******************************************************* Dated this the 26th day of May, 2015

JUDGMENT

The petitioner has approached this Court challenging the recovery proceedings initiated against her and also seizure of the vehicle belongs to her.

2.

It is submitted by the learned counsel for the Bank that more than Rs.38,000/- is overdue in the account and the liability is Rs.1,76,716/-. The petitioner seeks time to clear the liability. It is submitted that she is ready to pay the overdue amount.

Considering the facts and circumstances, the writ petition is disposed of with the following directions:

1. If the petitioner pays the overdue amount within two weeks, the vehicle shall be released to the petitioner and the petitioner

W.P.(C) No.14991 of 2015 2 shall be permitted to regularise the account and to pay the remaining instalments in accordance with the agreement.

2. If the petitioner fails to pay the overdue amount within the time indicated above, the respondent bank is at liberty to proceed against the petitioner in accordance with law. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln