Godvin Fernandaz vs Union Bank Of India
2021 Latest Caselaw 4473 Ker

W.P(C).No.1551/2021-T              1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                        WP(C).No.1551 OF 2021(T)


PETITIONER:

               GODVIN FERNANDAZ,
               AGED 49 YEARS,
               S/O.ROBERT FERNANDAZ,
               KALLADA HOUSE, KALLUKUNNU,
               KATTAPPANA P.O,
               IDUKKI DISTRICT, PIN-685508.

               BY ADV. SRI.ALEXANDER GEORGE

RESPONDENTS:

       1       UNION BANK OF INDIA,
               KATTAPPANA BRANCH,
               REPRESENTED BY ITS BRANCH MANAGER,
               IDUKKI DISTRICT, PIN-685508.


       2       DEPUTY TAHSILDAR (R.R),
               IDUKKI TALUK,
               IDUKKI DISTRICT, PIN-685588.



               SRI.ASP.KURUP, STANDING COUNSEL,
               SMT.PRINCY XAVIER, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.1551/2021-T                         2



                                        P.V.ASHA, J.
                     -----------------------------------------------------
                                W.P(c) No.1551 of 2021-T
                      ----------------------------------------------------
                        Dated this the 8th day of February, 2021

                                       JUDGMENT

The petitioner's daughter had availed an educational loan from the 1 st respondent

bank. It is stated that the repayment started in September, 2015 and payment could be

made only upto 30.03.2017. It is stated that as per the repayment schedule, the entire

amount has to be paid off by August, 2021. In the meanwhile, the respondent bank

initiated revenue recovery proceedings based on which Ext.P2 demand notice was issued.

The petitioner has filed this Writ Petition pointing out the difficulty involved in making

the payment.

2. The learned Standing Counsel on instructions submits that the total amount

outstanding is Rs.4.5 lakhs. It is also pointed out that installment facility can be granted

to the petitioner.

Therefore, the Writ Petition is disposed of permitting the petitioner to repay the

loan amount due within 12 equal monthly instalments along with the regular instalments.

In that event, the revenue recovery proceedings shall be kept in abeyance. In case the

petitioner does not make the payment as directed, the respondents would be free to

resume the revenue recovery proceedings. The respondents shall also make available an

account statement to the petitioner.

Sd/-

(P.V.ASHA, JUDGE) rtr/

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: THE TRUE COPY OF THE PLAINT FILED BY THE FIRST RESPONDENT IN OS NO.198/2020 PENDING BEFORE THE MUNSIFF COURT KATTAPPANA.

EXT.P2: THE TRUE COPY OF THE ATTACHMENT NOTICE DATED 22.10.2020 ISSUED BY THE 2ND RESPONDENT.

EXT.P3: TRUE COPY OF THE ORDER PASSED IN WPC.NO.9400/2020 BY HON'BLE COURT OF KERALA.