Jomon C K vs The Punjab National Bank

Kerala High Court

Jomon C K vs The Punjab National Bank on 14 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                      WP(C) NO. 17654 OF 2024
PETITIONER:

             JOMON C K
             AGED 47 YEARS
             S/O C V KUTTAPPAN, CHOORAPUZHA HOUSE, KARUKUTTY
             P.O ANGAMALY, ERNAKULAM DISTRICT, PIN - 683576
             BY ADV KAVERY S THAMPI


RESPONDENTS:

      1      THE PUNJAB NATIONAL BANK
             STRESSED ASSETS TARGETED RESOLUTION ACTION CENTRE
             [SASTRA] PNB HOUSE, MARKET ROAD, ERNAKULAM
             DISTRICT , REPRESENTED BY ITS CHIEF MANAGER,
             PIN - 682011
      2      THE AUTHORIZED OFFICER
             STRESSED ASSETS TARGETED RESOLUTION ACTION CENTRE
             [SASTRA] PNB HOUSE, MARKET ROAD, ERNAKULAM
             DISTRICT, PIN - 682011
      3      THE PUNJAB NATIONAL BANK
             MENACHERY BUILDING BANK JUNCTION, NATIONAL HIGHWAY
             ANGAMALY, ERNAKULAM DISTRICT REPRESENTED BY ITS
             BRANCH MANAGER, PIN - 683572


             BY ADV C.Ajith Kumar


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.17654 of 2024         :2:



                            VIJU ABRAHAM, J.
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                        W.P.(C) No.17654 of 2024
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                    Dated this the 14th day of May, 2024

                                JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P3 demand notice, wherein he was directed to remit an amount of Rs.87,63,240/-. The limited prayer of the petitioner is to permit him to pay the amount in 20 equal monthly instalments. The learned counsel for the petitioner would submit that the property mortgaged is the only residential property of the petitioner and that the petitioner's daughter is suffering from Autism and one of his son is now studying in 10 th standard and the other in 9th standard. It is further submitted that the petitioner's mother is bed ridden for the past 6 years and if the petitioner thrown out of the house, they have no other place to go.

2. The learned Standing Counsel appearing for the respondent bank though opposed the request for payment of the amount in 20 monthly instalments, submitted that the petitioner could be permitted to pay the amount, if it could be remitted in lesser monthly instalments. It is also submitted that the total amount outstanding as on 02.04.2024 is Rs.87,63,240/- W.P.(C). No.17654 of 2024 :3:

3. Considering the facts and circumstances of the case and submissions made across the bar, I dispose of the writ petition on the following conditions:

i) The petitioner shall pay the amount of Rs.87,63,240/- (Rupees eighty seven lakh sixty three thousand two hundred and forty only) in 15 equated monthly instalments, commencing from 01.06.2024 and continue to pay the subsequent instalments on the 1st day of succeeding months.

ii) In the event of any single default in payment as directed above, the respondent bank shall be free to continue the recovery proceedings from the stage at which they presently stand.

iii) It is made clear that if the petitioner complies with the aforesaid directions, further proceedings for recovery shall be kept in abeyance. With the above said directions, this writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sm/ W.P.(C). No.17654 of 2024 :4: APPENDIX OF WP(C) 17654/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 4.05.2023 IN O.A NO: 151/2020 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL, ERNAKULAM Exhibit P2 A TRUE COPY OF THE NOTICE SERVED UPON THE PETITIONER BY THE ADVOCATE COMMISSIONER APPOINTED IN M.C NO: 534/2023 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, (MP/MLA) COURT, ERNAKULAM DATED 3.05.2024 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE IN DRC NO: 124/2023 IN O.A NO: 151/2020 ON THE FILES OF THE DEBT RECOVERY TRIBUNAL -I, ERNAKULAM SERVED UPON THE PETITIONER Exhibit P4 A TRUE COPY OF THE DISABILITY CERTIFICATE NO: DI 19/05/2019 DATED 7.05.2019 ISSUED BY THE DEPARTMENT OF HEALTH SERVICES, GOVERNMENT OF KERALA TO THE PETITIONER'S DAUGHTER JASMIN JOMON