M.K.Pradeep v. Syndicate Bank
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 36609 of 2015 (A) ---------------------------------------- PETITIONER(S):
---------------------- M.K.PRADEEP, AGED 44 YEARS, S/O.KRISHNAN, MADATHIPARAMBIL HOUSE, NEAR TEACHERS COLONY, PURANATTUKARA P.O., THISSUR DISTRICT.
BY ADVS.SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK RESPONDENT(S):
-------------------------
1. SYNDICATE BANK, PURANATTUKARA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, SRI.RAMA KRISHNA MUTT BUILDINGS, PURANATTUKARA, THRISSUR-680551.
2. BRANCH MANAGER, SYNDICATE BANK, PURANATTUKARA BRANCH, SRI.RAMA KRISHNA MUTT BUILDINGS, PURANATTUKARA, THRISSUR-680551.
3. DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, THRISSUR-680020.
4. VILLAGE OFFICER, VILLAGE OFFICE, PURANATTUKARA VILLAGE, PURANATTUKARA P.O., THRISSUR 680551.
R1 & 2 BY SRI.R.S. KALKURA, SC R3 & 4 BY GOVERNMENT PLEADER SRI.R.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 36609 of 2015 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE NOTICE ISSUED BY THE R5 TO THE PETITIONER DATED 12/8/15 P2TRUE COPY OF THE LAWYER NOTICE DATED 9/10/15 ISSUED TO THE PETITIONER P3TRUE COPY OF THE DEMAND NOTICE COLLECTORATE FILE NO.2015/67984/8, TALUK (RR2) FILE NO2015/6357/8/600 IN FORM.1 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE R3 DATED 23/11/15 P4TRUE COPY OF THE DEMAND NOTICE COLLECTORATE FILE NO.2015/67984/8, TALUK (RR2) FILE NO.2015/6357/8/600 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE R3 DATED 23/11/15. P6:
TRUE COPY OF THE AUDIT REPORT IN FORM NO.13 & 13A SUBMITTED Y THE PETITIONER ON 11/3/15 P7:
TRUE COPY OF THE NOTICE POSTING THE APPEAL FOR HEARING TO 4/11/15 DATED 26/10/15.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 36609 of 2015 ===================================================== Dated this the 3rd day of December, 2015
JUDGMENT
The petitioner, who had availed of a term 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. Exts.P3 and P4 are the demand notices issued to the petitioner under 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 respondents.
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 bank in easy installments. Taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:-
-2W.P.(C). No. 36609 of 2015 (i) The total outstanding amount, in respect of the loan as of today, is stated to be Rs.1,95,000/- together with accrued interest. Accordingly, if the petitioner remits the aforesaid amount of Rs.1,95,000/- together with accrued interest in twelve equal and successive monthly installments commencing from 10.01.2016, then the recovery steps initiated against him 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 installments, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the stage at which they presently stand.
sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /3.12.15