Kerala High Court
Mini T.N vs Bank Of Maharashtra on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12932 OF 2024
PETITIONER:
MINI T.N.
AGED 47 YEARS, D/O. NARAYANAN,
28/1450, CHITRAM HOUSE, KADAVANTHRA,
ERNAKULAM - 682020, AT PRESENT RESIDING
AT AMRITASREE HOUSE, POWERHOUSE STOP,
NEAR DECATHALON, VYTTILA, PIN - 682019
BY ADV.
SRI.BIJU ABRAHAM
RESPONDENT:
BANK OF MAHARASHTRA
VYTILLA BRANCH, MATHA BUILDING NH 66,
THYKOODAM, VYTILLA, ERNAKULAM, PIN - 682019
REPRESENTED BY ITS BRANCH MANAGER
BY ADV.
SRI.T.A.PRAKASH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12932 of 2024
:2:
JUDGMENT
The learned Standing Counsel for the respondent Bank -
Sri.T.A.Prakash, submitted that the petitioner has two loan facilities,
namely a gold loan, which is still subsisting, but in which, a margin
amount of Rs.5,146/- is denuded; and a credit card facility, where she
has a total liability of Rs.63,000/-. He submitted that, if the petitioner
is willing to pay the afore amount of Rs.5,146/- and continue to pay
the EMI's in the gold loan; and then pay the amount of Rs.63,000/-
outstanding in the credit card in a maximum of six instalments, the
auction of the gold ornaments can be deferred.
2. Sri.Biju Abraham - learned counsel for the petitioner,
acceded to the afore suggestions, saying that, his client will remit an
amount of Rs.5,146/- towards the margin money in the gold loan by
the end of this month.
Taking note of the afore submissions, I allow this writ petition in
the following manner:
(a) The petitioner will pay an amount of Rs.5,146/- into
the gold loan, on or before 30.03.2024.
(b) If the afore is done, the petitioner will be allowed to
pay off the total outstanding in the credit card, namely,
Rs.63,000/-, in six equal monthly instalments,
commencing from 27.04.2024.
(c) If the petitioner abide by direction No.(a) above, she
will be allowed to service the gold loan as per the
original sanction.
(d) If the petitioner pays the amounts as ordered in
direction No.(b) above, then the credit card account will
stand closed.
Needless to say, if the petitioner is to default the payments as
ordered above, she will lose the benefit of this judgment, and the
Bank will be at full liberty to initiate and pursue appropriate action
for recovery; however, following due procedure, without having to
obtain any further orders from this Court.
It also goes without saying that, as long as the payments as
afore are made, all further action pursuant to Exts.P2 and P3 will
stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 12932/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ADMISSION ADVICE
ISSUED FROM MEDICAL TRUST HOSPITAL,
ERNAKULAM DATED 24-02-2024
Exhibit P2 A TRUE COPY OF THE AUCTION CUM FINAL
REMINDER FOR GOLD LOAN ACCOUNTS SEND BY
THE RESPONDENT TO THE PETITIONER DATED
12-03-2024
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 20-03-
2024 OF THE RESPONDENT TO THE PETITIONER
RESPONDENT EXHIBITS : NIL.
