Jaimon Vj vs The Authorized Officer ,State ...
2023 Latest Caselaw 9150 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                       WP(C) NO. 26530 OF 2023


PETITIONERS:

          JAIMON VJ
          AGED 43 YEARS
          S/O JACOB, VATTAMMURIYIL HOUSE, KADALMAD POST,
          SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 673581
          BY ADVS.
          CHERIAN MATHEW POOTHICOTE
          GEORGE G.POOTHICOTE
          AJITH VILLY GEORGE


RESPONDENTS:

          THE AUTHORIZED OFFICER, STATE BANK OF INDIA
          REPRESENTED BY THE MANAGER ,
          CIVIN VILSONT APIV 1146G, VGCOMPLEX,
          KOLONGAPPARA BRANCH, CHULLIYODE ROAD,
          AMBALAVAYAL P.O, WAYANAD DISTRICT, PIN - 673593

OTHER PRESENT:

          SRI. JITHESH MENON, SC FOR SBI



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.26530 OF 2023


                                   2


                    P.V.KUNHIKRISHNAN, J.
                     ------------------------------
                   W.P.(C) No.26530 of 2023
             ----------------------------------------------
           Dated this the 23rd day of August, 2023



                           JUDGMENT

The above writ petition is filed with the following

prayers:

"a) To issue any Writ as the court deems appropriate

b) To stop any further proceedings initiated against the petitioner.

c) To grant a regularization of installments for the overdue amount and regularize the remaining amount as the term is for another year."[SIC]

2. The Petitioner availed an agricultural loan from

the respondent bank and there was default in repaying

the same. Now, the recovery proceedings were initiated.

At this stage, this writ petition is filed.

3. Heard the learned counsel appearing for the WP(C) NO.26530 OF 2023

petitioner and the learned Standing Counsel appearing

for the respondent.

4. The learned standing counsel appearing for the

respondent submitted that the amount due as on today is

Rs.1,41,413/-. The learned counsel for the petitioner

submitted that the petitioner may be given seven equal

monthly installments to clear the above amount. I think,

that prayer can be allowed on condition that the

petitioner will pay future interest during the installment

period and also the service charge, if any.

Therefore, this writ petition is disposed of with the

following directions:

i. The petitioner is free to pay the entire

amount of Rs.1,41,413/-, in seven equal monthly

installments starting from 25.09.2023 onwards. If

there is any default of two consecutive installments,

the respondent are free to recover the amount.

ii. If the amount is paid as directed above, the WP(C) NO.26530 OF 2023

recovery based on Ext.P1 shall be deferred.

iii. If the amount is paid as directed above, the

respondent are free to recover the interest during the

installment period and also the service charge, if any.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO.26530 OF 2023

APPENDIX OF WP(C) 26530/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REVENUE RECOVERY NOTICE ISSUED TO THE PETITIONER DATED 27/07/2023

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE