Boban N.V vs The Manager
2021 Latest Caselaw 10738 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.5958 OF 2021(T)


PETITIONERS:

      1        BOBAN N.V.
               AGED 60 YEARS
               S/O. VARGHESE, CHERICKAL HOUSE, KOZHICHAL P.O.,
               KANNUR DISTRICT-670 511.

      2        ALBIN BOBAN
               AGED 32 YEARS
               S/O. BOBAN, CHERICKAL HOUSE, KOZHICHAL P.O., KANNUR
               DISTRICT-670 511.

               BY ADVS.
               SRI.TITUS MANI
               SRI.P.A.JACOB
               SRI.BINNY THOMAS

RESPONDENTS:

      1        THE MANAGER, CANARA BANK LTD
               CHITTARIKKAL BRANCH, CHITTARIKKAL P.O., CHITTARIKKAL
               VILLAGE, VELLARIKUNDU TALUK, KASARAGODE DISTRICT,
               PIN-671 326.

      2        THE DEPUTY THASILDAR
               PAYYANNUR TALUK, KANNUR DISTRICT-670 511.



               SMT.VINITHA.B, GP
               SRI.LEO GEORGE,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5958 OF 2021(T)

                                       2




                                 JUDGMENT

Dated this the 30th day of March 2021

The 2nd petitioner had availed an educational

loan from the 1st respondent in the year, 2006 and

she studied General Nursing and Midwifery course

at Bangalore. The writ petition is filed saying

that they could not make any payment and Ext.P1

demand notice was issued for recovery of a sum of

Rs.3,79,288/-(Rupees Three lakh seventy nine

thousand two hundred and eighty eight only).

2. The learned Standing counsel Sri.Leo

George, appearing for the 1st respondent submits

that the 2nd petitioner had availed two

educational loans and the total amount under the

two loans comes about 10,00,000/-. It is also

pointed out that the bank had already approached

the Civil court and got two decrees in respect of

both the loans.

3. The learned counsel for the petitioners

submitted that the 2nd petitioner has got WP(C).No.5958 OF 2021(T)

employment only recently and in case installment

facility is given, they will be able to pay off

the same.

4. In the said circumstances, the writ

petition is disposed of allowing the petitioners

to make the payment of the outstanding amount

under both the loan accounts in 12 equal monthly

installments starting from April, 2021. In that

event, the revenue recovery proceedings shall be

kept in abeyance. In case the petitioners commit

any default in payment, the respondents would be

free to proceed with the revenue recovery

proceedings.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.5958 OF 2021(T)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 10.02.2020 TO THE PETITIONER WITH ENGLISH TRANSLATION.

EXHIBIT P2 A TRUE COPY OF DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.2.2020 TO THE PETITIONER WITH ENGLISH TRANSLATION.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE