Kerala High Court
P.S.Ramesh Kumar vs State Bank Of India on 22 December, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
WP(C).No. 22805 of 2014 (A)
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PETITIONER(S):
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P.S.RAMESH KUMAR,
SON OF LATE PRABHAKARAN NAIR, AGED 58,
RESIDING AT TC 28/758, PRABHALAYAM, PUNNAPURAM,
PETTAH P.O., THIRUVANANTHAPURAM-695024.
BY ADV. SRI.P.C.HARIDAS
RESPONDENT(S):
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1. STATE BANK OF INDIA, RACPC,
THIRUVANANTHAPURAM, REPRESENTED BY THE 2ND RESPONDENT
AUTHORIZED OFFICER, RACPC BRANCH, L.M.S.COMPOUND,
PALAYAM, THIRUVANANTHAPURAM, PIN-695033.
2. THE AUTHORIZED OFFICER, STATE BANK OF INDIA,
RACPC BRANCH, L.M.S.COMPOUND,
THIRUVANANTHAPURAM, PIN-695033.
3. SMT.ROSY DEVASSY,AGM, RAPC BRANCH, L.M.S.COMPOUND,
THIRUVANANTHAPURAM, PIN-695033.
R1 & 2 BY SRI.R.S.KALKURA, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-09-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 22805 of 2014 (A)
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APPENDIX
PETITIONERS' EXHIBITS
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P1: COPY OF THE LETTER DATED 22/12/2008 (UNSIGNED) OF THE SBI, PNB
BRANCH MANAGER, THIRUVANANTHAPURAM
P2: COPY OF THE JUDGMENT DATED 20/5/14 IN WPC.NO.12464/13
P3: COPY OF THE STATEMENT OF ACCOUNT OF THE LOAN ISSUED TO THE
PETISIONER ON REQUEST DATED 26/8/14 BY THE CHIEF MANAGER OF THE
PNB BRANCH, THIRUVANANTHAPURAM
P4: COPY OF THE JUDGMENT DATED 4/10/13 IN WPC.24225/13 OF THIS
HONOURABLE COURT.
P5: COPY OF THE TRANSACTION ENQUIRY STATEMENT ISSUED BY THE PNB
BRANCH OF THE SBI, THIRUVANANTHAPURAM
P6: COPY OF THE NOTICE DATED 29/7/14 ISSUED BY P.V.SREEDHARAN,
ADVOCATE COMMISSIONER
P7: COPY OF THE COMMUNICATION DATED 20/8/14 SENT BY PETITIONER TO THE
RESPONDENT BANK
P8: COPY OF THE REPORT OF CUSTOMER WISE BALANCE DATED 26/8/14 ISSUED
FROM THE RESPONDENT BANK.
RESPONDENTS' EXHIBIT
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 22805 of 2014
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Dated this the 17th day of September, 2014
JUDGMENT
The petitioner has approached this Court with the following prayers:
"i. To issue a writ of mandamus or any other appropriate order or direction, directing the respondents to permit the petitioner to clear off the outstanding balance of 7,71,676 in the Max Gain Home Loan account No. 30358186777 in the agreed rate of EMI as originally fixed at the time of the grant of the loan, which time would expire only on 2023.
ii. To issue a writ of mandamus or any other appropriate order or direction commanding the respondents not to take physical possession of the petition schedule property in M.C case No. 577/14 on the file of the Hon'ble Chief Judicial Magistrate Court, Thiruvananthapuram and to withdraw the same from proceeding further.
iii. To issue appropriate direction to the 3rd respondent to pay the legal expenses debited from the account of the petitioner for filing MC No. 577/14, and also compelling the 3rd respondent to pay adequate compensation to the petitioner for causing mental hardships, tension and including the costs of this proceedings, from the private pocket of the 3rd respondent."
2. Today, when the matter is taken up for consideration, the learned counsel for the respondent Bank submits on instructions that the deficit has already been cleared by the petitioner and that the account has been regularized. W.P.C. No. 22805 of 2014 -2-
In the said circumstance, no further orders are necessary. However, it is made clear that the timely instalments shall be paid by the petitioner without fail. If any two consecutive defaults are made by the petitioner in effecting the monthly instalment, it will be open for the respondent Bank to proceed with further steps for realization of the entire amount in a lump from the stage where it stands now. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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