Manzoor K.P vs Uco Bank
2021 Latest Caselaw 3105 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.1803 OF 2021(A)


PETITIONER:

               MANZOOR K.P.,
               AGED 44 YEARS,
               S/O.MUHAMMEDKUTTY, KAPPATTAKATH, PUTHIYANALAKATH,
               KANOOR, VAKAD P.O., TIRUR - 676 502.

               BY ADVS.
               SRI.P.CHANDRASEKHAR
               SRI.K.K.MOHAMED RAVUF

RESPONDENTS:

      1        UCO BANK,
               TIRUR BRANCH, IRIS TOWER,
               EAST BAZAR, TIRUR - 676 101,
               REPRESENTED BY ITS MANAGER.

      2        THE DEPUTY TAHSILDAR (RR),
               OFFICE OF THE TAHSILDAR, TIRUR - 676 101.

      3        THE VILLAGE OFFICER,
               VETTOM VILLAGE, P.O.VETTOM, TIRUR - 676 502.

               BY ADV. SRI.H.RAMANAN, SC, UCO BANK

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1803 OF 2021(A)

                                    2

                             JUDGMENT

The petitioner has filed this writ

petition faced with Revenue Recovery

proceedings initiated at the instance of the

1st respondent towards the two loans availed

by the petitioner.

2. It is stated that the loans were

availed for starting a Beauty Parlour or

Boutique for his wife, who is no more after

a kidney transplantation, and because of

ailment the loan could not be utilised for

the purpose, for which it was availed. The

petitioner has stated the financial

stringency being faced by him.

3. Sri.H.Ramanan, learned Standing

Counsel for the 1st respondent on

instructions submitted that the total

outstanding amount due from the petitioner

is Rs.8.11 lakhs (6.82 + 1.29). According to WP(C).No.1803 OF 2021(A)

the learned Standing Counsel, instalment

facility can be given to the petitioner,

though it is pointed out that petitioner

will have to pay further interest being

accrued.

In the aforesaid circumstances, the

writ petition is disposed of permitting the

petitioner to make the payment of the

outstanding amount in twelve equal monthly

instalments starting from 05.03.2021. In the

meanwhile, the respondents shall keep in

abeyance the Revenue Recovery proceedings.

In case the petitioner commits default in

payment of any of the instalments, the

respondents would be at liberty to proceed

with the recovery proceedings, in accordance

with law. Sd/-

P.V.ASHA JUDGE ww WP(C).No.1803 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY SHOWING THE KIDNEY TRANSPLANTATION OF THE PETITIONER'S WIFE AT THE WESTFORT HI-TECH HOSPITAL LTD., THRISSUR.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY SENIOR CONSULTANT AND CHIEF NEPHROLOGIST, WESTFORT HI-TECH HOSPITAL, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE DEATH CERTIFICATE ISSUED FROM THE VATTAMKULAM GRAMA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 AND 34 OF THE REVENUE RECOVERY ACT IN RESPECT OF THE LOAN AMOUNT OF RS.1,17,191/- ISSUED BY THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 AND 34 OF THE REVENUE RECOVERY ACT WITH RESPECT TO THE OVERDRAFT FACILITY FOR AN AMOUNT OF RS.6,57,006/- ISSUED BY THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT.