High Court of KeralaWP(C)/28310/2015disposed of

C.Kumaran v. The Branch Manager

2015-09-23Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 28310 of 2015 (K) ---------------------------- PETITIONER(S)/PETITIONER:

-------------------------- C.KUMARAN AGED S/O. APPU, APSONS, MAJOR SANTHOSH ROAD NADAKKAVU P.O., KOZHIKODE.

BY ADVS.SRI.T.G.RAJENDRAN SRI.T.R.TARIN SMT.ANN SUSAN GEORGE SRI.V.A.VINOD RESPONDENT(S)/RESPONDENTS:

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

1. THE BRANCH MANAGER STATE BANK OF TRAVANCORE, KOZHIKODE MAIN BRANCH KOZHIKODE-673620.

2. THE SPECIAL DEPUTY TAHSILDAR BANK LOAN ARREARS COLLECTION, REVENUE RECOVERY KOZHIKODE-673620.

3. STATE OF KERALA REP. BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

R1 BY ADV. SRI.T.SETHUMADHAVAN (SR.) R1 BY SRI.JAYESH MOHAN KUMAR, SC, STATE BANK OF TRAVANCORE BY GOVERNMENT PLEADER SMT.K.T.LILLY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28310 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- TRUE COPY OF THE NOTICE DATED 9-1-14 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2- TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 20-7-13.

RESPONDENT(S)' EXHIBIT:NIL ----------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- ----------------------------------- Dated this the 23rd day of September, 2015

J U D G M E N T

The petitioner, who had availed of a loan from the respondent bank, defaulted in repayment of the same. Consequently, the respondent bank initiated proceedings under the Kerala Revenue Recovery Act to recover the loan amounts. Ext.P2 is the demand notice issued under Section 34 of the Revenue Recovery Act. In the writ petition, the petitioner impugns the steps initiated by the respondent bank for recovery of the loan amounts.

2. I have heard the learned counsel appearing on behalf of the petitioner as also the learned Standing counsel appearing on behalf of the respondent bank and also the learned Government Pleader.

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that, the sole prayer of the petitioner is to permit him to remit the balance amounts outstanding to the respondent bank in easy instalments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-

(i) The total amount outstanding from the petitioner to the respondent bank is stated to be Rs.10,65,000/- together with accrued interest and other charges. Accordingly, if the petitioner pays the aforesaid amount of Rs.10,65,000/- together with accrued interest and other charges in 10 equal and successive monthly instalments commencing from 15.10.2015, the recovery steps initiated against the petitioner by the respondent Bank shall be kept in abeyance.

(ii) It is made clear that, if the petitioner commits a default in respect of any of the instalments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against them from the stage at which they presently stand. A.K.JAYASANKARAN NAMBIAR JUDGE mns