Kerala High Court
Jayasree V. vs State Bank Of India on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 18TH DAY OF JANUARY 2021/28TH POUSHA, 1942
WP(C).No.13194 OF 2020(Y)
PETITIONERS:
1 JAYASREE V.,AGED 49 YEARS,
W/O. LATE ANILKUMAR K.P., MADATHIL VEEDU,
PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.
2 ANIJA A.KUMAR, AGED 27 YEARS,
D/O. LATE ANILKUMAR K.P., MADATHIL VEEDU,
PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.
3 ANJU A. KUMAR, AGED 19 YEARS
D/O. LATE ANILKUMAR K.P., MADATHIL VEEDU,
PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.
4 P.PADMAVATHY AMMA, AGED 75 YEARS,
M/O. LATE ANILKUMAR K.P., MADATHIL VEEDU,
PONNUMANGALAM, NEMOM, THIRUVANANTHAPURAM.
BY ADVS.
SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SRI.P.T.MOHANKUMAR
SMT.BOBY M.SEKHAR
SMT.IRENE ABRAHAM
SRI.HARISH ABRAHAM
RESPONDENTS:
1 STATE BANK OF INDIA, THAMPANOOR BRANCH,
RAMAKRISHNA BUILDING, THAMPANOOR,
THIRUVANANTHAPURAM-695 014
REPRESETNED BY ITS BRANCH MANAGER.
2 THE MANAGER,STATE BANK OF INDIA,
REGIONAL ASSETS AND CREDITS, PROCESSING CENTRE
(RACPL), L.M.S. COMPOUND, THIRUVANANTHAPURAM-695 033.
3 SBI LIFE INSURANCE COMPANY LTD.,
CENTRE T.C.9/1094-1 3RD FLOOR, SASTHA BUILDING,
SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010
REPRESENTED BY ITS BRANCH MANAGER.
R1-R2 BY ADV. SRI.R.S.KALKURA
R3 BY ADV. SRI.K.JAJU BABU (SR.)
R3 BY ADV. SMT.M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.13194/2020
2
JUDGMENT
Dated this the 18th day of January, 2021
The petitioners seek to direct the Permanent Lok
Adalat, Thiruvananthapuram to take up and dispose of
Ext.P1 petition in O.P. No. 2/2020 within a time frame as
fixed by this Court. The petitioners have further sought to
direct the 1st respondent bank to abstain from demanding or
collecting any further amount as EMI from the loan account
concerned.
2. When this writ petition came up for admission on
22.07.2020, this Court passed an interim order directing
respondents 1 and 2 to abstain from realising the EMI due
on the loan for a period of two months. The said interim
order was being extended from time to time.
3. When the writ petition came up for hearing today,
the learned counsel for the petitioner submitted that O.P.
WP(C)No.13194/2020
No. 2/2020 of Permanent Lok Adalat, Thiruvananthapuram
stands posted for evidence on 19.01.2021 and the writ
petition can be disposed of extending the benefit of the
interim order till the conclusion of the proceedings, before
the Permanent Lok Adalat.
4. I have heard the learned counsel for the
petitioner and the learned Standing Counsel for
respondents 1, 2 and 3.
Since the issue involved is under consideration of
competent Permanent Lok Adalat, this Court is of the
opinion that the writ petition can be disposed of in the above
lines. In the circumstances, the writ petition is disposed of
directing respondents 1 and 2 to abstain from realising the
EMI due on the loan till the proceedings in O.P. No. 2/2020
before the Permanent Lok Adalat are finally concluded.
Sd/-
N. NAGARESH
JUDGE
ncd
WP(C)No.13194/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION,
O.P.NO.2/2020 DATED 27.12.2019 FILED
BEFORE THE HON'BLE PERMANENT LOK
ADALATH THIRUVANANTHAPURAM.
EXHIBIT P2 TRUE COPY OF THE INTERIM APPLICATION,
IA NO.2/2020 IN O.P.NO.2/2020 DATED
27.12.2019 FILED BEFORE THE HON'BLE
PERMANENT LOK ADALATH
THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE
OF THE PETITIONERS PASSBOOK SHOWING
THE AUTO DEBIT OF EMI TOWARDS HOME
LOAN ON 5/7/2020 FROM THE PETITIONERS
ACCOUNT
