High Court of KeralaWP(C)/33994/2015disposed of

Muhammed Jamal N. v. Canara Bank

2015-11-12Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 33994 of 2015 (Y) ---------------------------- PETITIONER(S):

--------------------- MUHAMMED JAMAL N., AGED 46 YEARS S/O MARAKKAR HAJI, NEROTH HOUSE, MANGAD PO UNNIKULAM, BALUSSERY, KOZHIKODE(DT)-673 572 BY ADVS.SRI.PHILIP ANTONY CHACKO SRI.P.M.SEBASTIAN RESPONDENT(S):

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

1. CANARA BANK RERPESENTED BY ITS CHAIRMAN& MANAGING DIRECTOR, 112 JC ROAD, HEAD OFFICE, BANGALORE-560 002

2. CANARA BANK CALICUT SSI BRANCH, FIRST FLOOR, AYSHA BUILDING JAIL ROAD, CALICUT-673 004 R BY SRI.P.GOPINATH MENON, SC, CANARA BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33994 of 2015 (Y) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

THE TRUE COPY OF THE STATEMENT OF ACCOUNT FOR GENERAL ADVANCES FOR THE PERIOD 1/8/12 TO 3/11/15 FOR THE TERM LOAN IN THE NAME OF BAKE AND CAKE WITH ACCOUNT NO. 2385773001109 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2:

THE TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD 1/8/12 TO 3/11/15 FOR THE OPEN CASH CREDIT IN THE NAME OF BAKE AND CAKE WITH ACCOUNT NO. 2385261000358 ISSUED BY TEH 2ND RESPONDENT TO THE PETITIONER EXT.P3:

THE TRUE COPY OF THE NOTICE DT. 15/10/15 ALONG WITH THE ENCLOSURE-SALE NOTICE-E-AUCTION NOTICE ISSUED BYT EH 1ST RESPONDENT AND SERVED ON THE PETITIONER ON 31/10/15 RESPONDENT(S)' EXHIBITS:

NIL // TRUE COPY // P.A TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.33994 of 2015 - y ====================== Dated this the 12th day of November, 2015

J U D G M E N T

The petitioner, a defaulter in repaying the loan availed of from the 2nd respondent is before this Court challenging the recovery proceedings initiated against him. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following term:- (i) The petitioner shall produce a certified copy of this judgment before the 2nd respondent by 20.11.2015. (ii) Recovery proceedings shall be kept in abeyance on condition that the petitioner remits an amount of Rs.1,00,000/- on or before 20.11.2015 and the 2nd respondent shall grant four monthly instalments for the payment of the balance dues, starting from 12.12.2015.

(iii) The 2nd respondent shall quantify the amounts

W.P.(C) No.33994 of 2015 - y due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 30.11.2015. (iv) On the petitioner making a single default, the recovery steps initiated shall revive and continue. (v) On the 4th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 30.11.2015 which shall be satisfied by the petitioner on the 5th of the succeeding month.

(vi) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.

Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.

Sd/- K. VINOD CHANDRAN, JUDGE SB/12/11/2015 // true copy // P.A to Judge.