Kerala High Court
C.Chandra Guptan vs State Bank Of Travancore
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933
WP(C).No. 20748 of 2011(P)
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PETITIONER(S):
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C.CHANDRA GUPTAN,S/O.KRISHNANKUTTY
AGED 44 YEARS, RESIDING AT "AKSHAYA"
KOTTAPPURAM P.O, KOTTAPPURAM, PALAKKAD 679 518.
BY ADV. SRI.SANTHEEP ANKARATH
SRI.SUMODH MADHAVAN NAIR
RESPONDENT(S):
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1. STATE BANK OF TRAVANCORE,
KARIMPUZHA BRANCH, REPRESENTED BY ITS MANAGER
P.B NO. 51, KOTTAPPURAM P.O,
PALAKKAD 679 518.
2. AUTHORISED OFFICER,
(DEBT RECOVERY - REVENUE RECOVERY)
TALUK OFFICE, OTTAPPALAM 679 101.
ADV. SRI.T.SETHUMADHAVAN FOR R1
SRI.PUSHPARAJAN KODOTH FOR R1
SRI.K.JAYESH MOHANKUMAR FOR R1
SRI. C.K. GOVINDAN - GOVT. PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 20748 of 2011(P)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: COPY OF STATEMENT OF ACCOUNTS DTD 25.7.2011.
EXT.P2; COPY OF NOTICE NO.20110720-1311167570 DATED 20.7.211
ISSUED BY THE RESPONDENT BANK TO THE PETITIONER.
EXT.P3: COPY OF NOTICE NO.20110721-1311257076 DATED 21/7/2011
ISSUED BY THE RESPONDENT BANK TO THE PETITIONER.
EXT.P4: COPY OF DEMAND NOTICE DATED 6.7.2011 ISSUED BY R2 UNDER
SECTION 7 OF THE REVENUE RECOVERY ACT TO THE PETITIONER.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
PA TO JUDGE.
acd
S. SIRI JAGAN, J.
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W.P.(C) No.20748 OF 2011
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Dated this the 31st day of August, 2011
JUDGMENT
The petitioner has filed this writ petition challenging revenue recovery proceedings initiated by the respondents for recovery of loan amounts due from the petitioner to the 1st respondent. On 16.8.2011, I passed the following order:
"Since the petitioner asserts that before re-debiting the debt relief granted to the petitioner, the petitioner has not been afforded an opportunity of being heard, it is only appropriate that the bank discusses the matter with the petitioner and finalises the proceedings. The bank shall also provide to the petitioner a copy of the Agricultural Debt Relief Scheme and educate him on the provisions, which have been invoked by the bank. For this purpose, I stay further proceedings for a period of two more weeks. The parties shall talk to each other and try to come to an amicable settlement of the issue.
Post after two weeks. Till then the stay would continue."
2. Now the parties today submit before me that pursuant to the interim order, the matter has discussed between the parties and the bank has agreed to regularise the loan account provided the petitioner pays Rs.2,14,593/- before December W.P.(C)No.20748/11 2 2011 in four instalments. The petitioner is agreeable to the same.
3. Accordingly, the writ petition is disposed of with the following directions:
The petitioner shall pay an amount of Rs.2,14,593/-
required to regularise the loan account in four equal monthly instalments on 15.9.2011, 15.10.2011, 15.11.2011 and 15.12.2011. If the petitioner pays the said instalments, the bank shall regularise the loan account and allow the petitioner to pay the future instalments of repayment of loan amount as per the original loan agreement on due dates. If the petitioner commits default in payment of any of the four instalments as directed above or any of the future instalments as per the loan agreement, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard.
S. SIRI JAGAN, JUDGE acd W.P.(C)No.20748/11 3 W.P.(C)No.20748/11 4