Santhosh Kumar K v. Canara Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 29953 of 2015 (T) ---------------------------- PETITIONER :

------------------- SANTHOSH KUMAR K., AGED 41 YEARS, S/O.KRISHNA PILLA, PARTNER M/S.UTHRAM CASHEWS, RESIDING AT NIKUNJAM, CHONAMCHIRA, PERINAD P.O. KOLLAM PIN- 691 601.

BY ADVS.SRI.S.GOPAKUMAR SMT.T.M.BINITHA RESPONDENTS :

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

1. CANARA BANK LTD., P.B.NO.2, PAI BUILDING, 26/847 ANANDAVALEESWARAM, KOLLAM, PIN- 691 013 REPRESENTED BY THE CHIEF MANAGER.

2. CHIEF MANAGER, CANARA BANK LTD., P.B.NO.2, PAI BUILDING, 26/847, ANANDAVALEESWARAM, KOLLAM PIN- 691 013. BY SRI.PAULY MATHEW MURICKEN,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29953 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 01/01/2013.

EXT P2:

TRUE COPY OF THE DEATH CERTIFICATE OF LATE VIJAYAKUMAR.P., DATED 28/02/2015.

EXT P3:

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATD 31/08/2015.

EXT P4:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 22/09/2015. EXT P5:

TRUE COPY OF THE POSTAL REGISTRATION RECEIPT DATED 23/09/2015.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29953 of 2015 ****************************************************************************** Dated this the 6th day of October, 2015

JUDGMENT

The petitioner availed cash credit facility from the respondent Bank. This account has been now classified by the Bank as NPA. 2.

The petitioner submits that he is running a business and the Bank may be directed to regularise the loan account. He also seeks easy instalment facility and also for one time settlement of the liability. In this regard, he has approached the Bank with Ext.P4.

This Court is of the view, Ext.P4 shall be considered by the second respondent after hearing the petitioner within a period of one month from the date of receipt of a copy of this judgment. Till a decision is taken, no coercive steps shall be taken against the petitioner.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln