Kerala High Court
Dasan Bernard vs State Bank Of India on 2 September, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941
WP(C).No.20249 OF 2019(E)
PETITIONER/S:
1 DASAN BERNARD,
AGED 60 YEARS
SON OF THE LATE BERNARD, RESIDING AT DEVADANAM ARK,
CHARUKKADU, CHEMMAKKAD P.O., PERINAD,
KOLLAM - 691 601.
2 ANNE ROSE,
AGED 56 YEARS,
WIFE OF DASAN BERNARD, RESIDING AT DEVADANAM ARK,
CHARUKKADU, CHEMMAKKAD P.O., PERINAD,
KOLLAM- 691 601.
BY ADVS.
SMT.REKHA VASUDEVAN
SMT.V.DEEPA
RESPONDENT/S:
1 STATE BANK OF INDIA,
REPRESENTED BY THE AUTHORISED OFFICER, RETAIL ASSETS
CENTRAL PROCESSING CENTRE, L.M.S.COMPOUND,
THIRUVANANTHAPURAM - 695 033.
2 THE ASSISTANT GENERAL MANAGER,
STATE BANK OF INDIA, KADAPPAKADA, KOLLAM - 691 008.
3 THE BRANCH MANAGER, STATE BANK OF INDIA,
KILIKOLLUR BRANCH, KOLLAM - 691 004.
4 THE DEPUTY TAHSILDAR, KOLLAM TALUK,
CIVIL STATION, KOLLAM - 691 013.
R1 TO R3 BY SRI.JAWAHAR JOSE,SC
R4 BY SRI.B.VINOD,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20249 OF 2019 2
JUDGMENT
The 2nd petitioner has availed a loan from the State Bank of India, Kilikollur branch. 1 st petitioner who is the husband of the 2nd petitioner has availed another housing loan, against which, a mortgage of immovable property was offered.
2. Apparently, from the pleadings put forth by the petitioner it is evident that, in order to recover the amounts that have fallen due from the 2nd petitioner, the mortgaged property made by the 1st petitioner was attached. Anyhow, Section 7 proceedings of Kerala Revenue Recovery Act is also initiated against the petitioner, evident from Ext.P2 notice.
3. Learned Counsel appearing for the bank submitted that, the attachment is a mistaken one and therefore, the attachment made against the loan of the 2nd petitioner as per Ext.P2 under Section 7 will be withdrawn by the bank.
4. At that point of time, learned counsel appearing for the petitioners submitted that, if sufficient time is provided to pay off the amount by installments, petitioners would be satisfied.
5. After having heard learned counsel for the WP(C).No.20249 OF 2019 3 petitioner, learned Government Pleader as well as learned Standing Counsel appearing for the bank, this writ petition is disposed of, permitting the petitioner to pay the outstanding amount of Rs.4,53,000/- as on 31.03.2018, along with the interest and other charges, in 12 equated monthly installments starting from 18.09.2019 and on the corresponding date of the succeeding months.
6. Needless to say, if any one of the installment is defaulted, respondents will be at liberty to resurrect action on account of the notice issued under Section 7 of the Kerala Revenue Recovery act and recover the amount in lump.
7. It is further made clear that, if the amounts are paid directly to the bank, the collection charges shall be confined to 1% of the total amount deposited.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 02.09.2019 WP(C).No.20249 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER HEREIN TO THE 2ND RESPONDENT DTD. 8/10/18.
EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE RRC NO.2019/4962/02 DATED 30/05/2019 ISSUED BY THE 4TH RESPONDENT.