P.Rajan Vs. Union of India

P.Rajan vs Union of India

Type Court Judgment Court Kerala Decided Jul 30, 2013

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https://sooperkanoon.com/case/1016532

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Citation: sooperkanoon.com/1016532
Court: Kerala High Court
Judge: Honourable Mr.Justice V.K.Mohanan
Decided On: Jul 30, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

P.Rajan

Respondent

Union of India

Excerpt

.....wp(c).no. 18857 of 2013 (f) ---------------------------- appendix petitioner(s)' exhibits ------------------------------------- exhibit p1 true copy of the notice issued by the respondent, u/s.13(2) of the sarfeasi act. exhibit p2. true copy of the order in mc no.143/2010 cjm court, thodupuzha, dated 8 11/2010. exhibit p3. true copy of the order passed by the d.r.tribunal in ia no.3136/2010 in sa 732/2010. exhibit p4. true copy of the receipt showing the payment of rs.5 lakhs. exhibit p5. true copy of the notice issued by the respondent dated 28 12/2012 u/s.13(4) of the act. exhibit p6. true copy of the judgment in wpc no.2225/2013 of this court. exhibit p7. true copy of the receipts showing the payment of amounts in compliance iwith ext.p6. exhibit p8. true copy of the order of the debt recovery tribunal. exhibit p9. true copy of the account statement of loan account of the petitioner exhibit p10. true copy of the account statement of loan account of the petitioner. respondent(s)' exhibits --------------------------------------- nil true copy p.a to judge smm v.chitambaresh,j.= = = = = = = = = = = w.p.(c) no.18857 of 2013 = = = = = = = = = = = == = = = = dated this the 30th day of july, 2013 judgment the petitioner contends that he has already effected payments in accordance with ext.p6 judgment. the respondent bank on the other hand maintains that recovery proceedings are on the basis of ext.p8 order passed by the debts recovery tribunal.2. the matter can be given a quietus by permitting the petitioner to approach the bank seeking the benefit of one time settlement scheme, if any. the petitioner shall submit a representation along with a deposit of .1,50,000/- (rupees one lakh fifty thousand only) to the respondent bank.2. the representation, if filed, within two weeks from today shall be dealt with by the respondent bank within one month therefrom. the coercive proceedings initiated against the petitioner shall be put on hold if the petitioner makes the deposit.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 30TH DAY OF JULY2013/8TH SRAVANA, 1935 WP(C).No. 18857 of 2013 (F) ---------------------------- PETITIONER -------------------------- P.RAJAN S/O.PONNUSWAMI, THEVARAKOTTIL HOUSE, PALLIVASAL P.O. MUNNAR, IDUKKI. BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): ---------------------------- UNION OF INDIA REPRESENTED BY ITS AUTHORISED OFFICER AND CHIEF MANAGER REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD THIRUVANANTHAPURAM-695 001. R BY SRI.A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18857 of 2013 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT, U/S.13(2) OF THE SARFEASI ACT. EXHIBIT P2. TRUE COPY OF THE ORDER IN MC NO.143/2010 CJM COURT, THODUPUZHA, DATED 8 11/2010. EXHIBIT P3. TRUE COPY OF THE ORDER PASSED BY THE D.R.TRIBUNAL IN IA NO.3136/2010 IN SA 732/2010. EXHIBIT P4. TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF RS.5 LAKHS. EXHIBIT P5. TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 28 12/2012 U/S.13(4) OF THE ACT. EXHIBIT P6. TRUE COPY OF THE JUDGMENT IN WPC NO.2225/2013 OF THIS COURT. EXHIBIT P7. TRUE COPY OF THE RECEIPTS SHOWING THE PAYMENT OF AMOUNTS IN COMPLIANCE IWITH EXT.P6. EXHIBIT P8. TRUE COPY OF THE ORDER OF THE DEBT RECOVERY TRIBUNAL. EXHIBIT P9. TRUE COPY OF THE ACCOUNT STATEMENT OF LOAN ACCOUNT OF THE PETITIONER EXHIBIT P10. TRUE COPY OF THE ACCOUNT STATEMENT OF LOAN ACCOUNT OF THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.

= = = = = = = = = = = W.P.(C) No.18857 of 2013 = = = = = = = = = = = == = = = = Dated this the 30th day of July, 2013 JUDGMENT

The petitioner contends that he has already effected payments in accordance with Ext.P6 judgment. The respondent bank on the other hand maintains that recovery proceedings are on the basis of Ext.P8 order passed by the Debts Recovery Tribunal.

2. The matter can be given a quietus by permitting the petitioner to approach the bank seeking the benefit of One Time Settlement Scheme, if any. The petitioner shall submit a representation along with a deposit of .1,50,000/- (Rupees one lakh fifty thousand only) to the respondent bank.

2. The representation, if filed, within two weeks from today shall be dealt with by the respondent bank within one month therefrom. The coercive proceedings initiated against the petitioner shall be put on hold if the petitioner makes the deposit and submits a representation as directed.

3. The recovery proceedings can continue dependant on the outcome of the representation. The bank is also free to W.P.(C) No.18857 o”

2. initiate the coercive proceedings on failure of the petitioner to comply with the conditions. The writ petition is disposed of. V.CHITAMBARESH JUDGE smm

Same Court & Year Kerala · 2013 Same Parties P.Rajan vs Union of India Same Subject Education Same Judge Honourable Mr.Justice V.K.Mohanan