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High Court of KeralaWP(C)/19754/2015disposed of

Prasannan C.J. v. Corporation Bank

2015-07-02Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No.19754 of 2015 (T) ------------------------------------- PETITIONER:

------------------- PRASANNAN C.J,AGED 43 YEARS, S/O.JANARDHANAN,CHEMPLANIKKAL KUNNEL, KURUMBANADAM P.O.,PALAMATTOM,KOTTAYAM.

BY ADV.SRI.RAJAGOPAL PADIPPURACKAL RESPONDENT:

---------------------- CORPORATION BANK,KARUKACHAL BRANCH, REP.BY LAKSHMANAN S.,S/O.SUBHASH, THE AUTHORIZED OFFICER AND CHIEF MANAGER, ZONAL OFFICE,TRIVANDRUM.

BY ADV.SRI.N.RAJAGOPALAN NAIR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.19754 of 2015 (T) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT-P1:THE AGREEMENT FOR TERM LOANS DATED 17.02.2014. EXHIBIT-P2:COPY OF THE REGISTRATION CERTIFICATE WITH RESPECT TO THE VEHICLE BEARING REG.NO.KL 33 F 1405.

EXHIBIT-P3:TREATMENT RECORDS PERTAINING TO THE TREATMENT OF THE FATHER OF THE PETITIONER.

EXHIBIT-P4:COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT BANK DATED 15.02.2015.

EXHIBIT-P5:COPY OF THE PETITIONER FILED BY THE RESPONDENT IN CMP NO.1824/2015 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM.

EXHIBIT-P6:COPY OF THE COMMISSION REPORT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.19754 of 2015 ******************************************************* Dated this the 2nd day of July, 2015

JUDGMENT

The petitioner availed a vehicle loan from the vehicle loan from the respondent Bank. The petitioner has approached this Court challenging SARFAESI proceedings.

2.

According to the Bank, the overdue amount is Rs.1,57,000/- and the total liability is more than Rs.11 lakhs. Considering the facts and circumstances, this writ petition is disposed of with the following directions:

1. The petitioner shall remit Rs.75,000/- on or before 30.7.2015.

2. Thereafter, the petitioner shall remit the balance overdue amount along with regular EMI in five equal monthly instalments starting from the month of August, 2015. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln