Citation : 2024 Latest Caselaw 26686 Ker
Judgement Date : 5 September, 2024
WA NOs. 1315 & 1346 OF 2024
1
2024:KER:67385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WA NO. 1315 OF 2024
AGAINST THE JUDGMENT DATED 30.07.2024 IN WP(C) NO.20637 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT:
PREMAN VELLOTH
AGED 59 YEARS
S/O KRISHNAN; RESIDING AT: JYOTHIS, VADAKKUMPADU P.O., COOLI
BAZAR, THALASSERY, PIN - 670109
BY ADVS.
R.RAJESH (VARKALA)
JOTHISHA K.A.
MANU RAMACHANDRAN
M.KIRANLAL
SAILAKSHMI MENON
SAMEER M NAIR
T.S.SARATH
RESPONDENTS:
THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT
STATE BANK OF INDIA, OFFICE AT: RETAIL ASSET CENTRAL
PROCESSING CENTRE, 1ST AND 2ND FLOOR, RAVI’S ARCADE,
NEAR IRON BRIDGE, KOLLAM, PIN - 691013
SRI.JAWAHAR JOSE
WA NOs. 1315 & 1346 OF 2024
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2024:KER:67385
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.09.2024, ALONG
WITH WA.1346/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NOs. 1315 & 1346 OF 2024
3
2024:KER:67385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WA NO. 1346 OF 2024
AGAINST THE JUDGMENT DATED 30.07.2024 IN WP(C) NO.3828 OF 2022 OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER:
DR.PREMAN VELLOTH,
AGED 59 YEARS
S/O. KRISHNAN, JYOTHIS, VADAKKUMPADU P.O., COOLI BAZZAR,
THALASSERY-670101., PIN - 670101
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
RESPONDENTS/RESPONDENTS:
1 THE AUTHORIZED OFFICER,
STATE BANK OF INDIA, RACPC, KOLLAM, 1ST & 2ND FLOOR, RAVI'S
ARCADE, NEAR IRON BRIDGE, KOLLAM-691013, PIN - 691013
2 STATE BANK OF INDIA
MAIN BRANCH, KOLLAM, NEAR RAILWAY STATION, KOLLAM,
REPRESENTED BY ITS MANAGER, PIN - 691001
WA NOs. 1315 & 1346 OF 2024
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3 STATE BANK OF INDIA
THALASSERY BRANCH, P.B. NO. 13, GUNDERT ROAD, THALASSERY,
KANNUR DISTRICT, REPRESENTED BY ITS MANAGER., PIN - 670101
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.09.2024, ALONG
WITH WA.1315/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NOs. 1315 & 1346 OF 2024
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2024:KER:67385
JUDGMENT
A.MUHAMED MUSTAQUE, Acg.C.J. The appellant availed a loan from the respondent - Bank. His
daughter's marriage was on 28.08.2024. He wants to clear off the
entire loan liability under Housing Loan in 10 installments.
2. The afore submission has been opposed by the learned
counsel for the respondent.
3. However, we permit the appellant to clear off the entire
Housing Loan liability in 4 Equal Monthly Installments. The 1 st
installment is to be paid on or before 25.09.2024.
In case of failure to make payment of the first installment or
any subsequent installments as directed above, instalment facility
stands forfeited. The appellant also shall clear off the overdue
amount in two educational loans within the above period in
installments together with regular EMIs.
Coercive steps shall be deferred in tune with the afore directions.
Sd/-
A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE
Sd/-
S.MANU JUDGE rp WA NOs. 1315 & 1346 OF 2024
2024:KER:67385
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 12.06.2024 BY THIS HON’BLE COURT IN THE IMPUGNED JUDGMENT
Annexure B A TRUE COPY OF THE CERTIFICATE ISSUED BY RESPONDENT BANK AS ON 28.06.2024
Annexure C A TRUE COPY OF THE PAY IN SLIP ISSUED BY RESPONDENT BANK AS ON 29.06.2024
Annexure D A TRUE COPY OF THE APPELLANT’S DAUGHTER ANJUNA V. AND AKASH PRAKASH WEDDING INVITATION
Annexure E A TRUE COPY OF THE APPELLANT’S DAUGHTER AND SON’S EDUCATION LOAN ACCOUNTS AS ON 01.07.2024 WA NOs. 1315 & 1346 OF 2024
2024:KER:67385
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE INTERIM ORDER DATED 12.06.2024 BY THIS HON’BLE COURT IN THE WPC 20637 OF
Annexure B A TRUE COPY OF THE CERTIFICATE ISSUED BY RESPONDENT BANK AS ON 28.06.2024
Annexure C A TRUE COPY OF THE PAY IN SLIP ISSUED BY RESPONDENT BANK AS ON 29.06.2024
Annexure D A TRUE COPY OF THE APPELLANT’S DAUGHTER ANJUNA V. AND AKASH PRAKASH WEDDING INVITATION
Annexure E A TRUE COPY OF THE APPELLANT’S DAUGHTER AND SON’S EDUCATION LOAN ACCOUNTS AS ON 01.07.2024
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