C.V.T.Devi Vs. Vatakara Co-operative Agricultural and Rural Development Bank

C.V.T.Devi vs Vatakara Co-operative Agricultural and Rural Development Bank

Type Court Judgment Court Kerala Decided Jan 23, 2014

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https://sooperkanoon.com/case/1126995

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Citation: sooperkanoon.com/1126995
Court: Kerala High Court
Judge: Honourable Mr.Justice K.Vinod Chandran
Decided On: Jan 23, 2014
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

C.V.T.Devi

Respondent

Vatakara Co-operative Agricultural and Rural Development Bank

Excerpt

.....availed of from the 1st respondent is before this court challenging the recovery proceedings initiated against him. the liability and the default is admitted and the only contention is against failure to intimate quantification. considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following term:- (i) the petitioner shall produce a certified copy of this judgment before the 1strespondent within two weeks of receipt of the same. (ii) the 1st respondent shall quantify the amounts due under the loan account of the petitioner and inform the petitioner in writing the amounts due as on 31.01.2014. (iii) the 1st respondent shall grant eight monthly w.p(c) no.1605 of 2013 2 instalments for the payment of the balance dues, starting from 22.02.2014. (iv) recovery proceedings shall be kept in abeyance on condition that the remittances as per this judgment are made without any default. (v) on the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue. (vi) on the 8th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 31.01.2014 which shall be satisfied by the petitioner on the 22nd of the succeeding month. (vii) on the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable. it is submitted by the learned counsel for the respondent that there is a one time settlement (ots) facility available in the bank for settlement of the dues in a lumpsum and that the same expires on 31.03.2014. if the petitioner is desirous of availing such facility, then the petitioner can approach the bank and then on satisfaction w.p(c) no.1605 of 2013 3 of the amount as directed by the bank, the loan shall stand closed. it is made clear that the petitioner would not be entitled to settle the loan as per the ots scheme, by taking resort to the instalments granted herein. in the context of no ots.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE23D DAY OF JANUARY20143RD MAGHA, 1935 WP(C).No. 1605 of 2013 (A) --------------------------- PETITIONER : -------------------------- C.V.T. DEVI, W/O. ANANTHAN, AGED53YEARS, CHAMBILORAMMEL, NARIPPATTA, CHEKKONNUMMEL, CHEEKKONNU P.O., KOZHIKODE DISTRICT. BY ADVS.SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): ---------------------------- 1. VATAKARA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.,F.-1857, KAKKATTIL P.O., KOZHIKODE DISTRICT, REPRESENTED BY ITS MANAGER. PIN-673 001 2. THE SPECIAL SALE OFFICER, VATAKARA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,F- 1857, KAKKATTIL P.O, KOZHIKODE DISTRICT - 673 001.

3. THE GRIEVANCE REDRESSAL OFFICER, VATAKARA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., F- 1857, KAKKATTIL P.O., KOZHIKODE DISTRICT - 673 001. R1 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 & R3 BY GOVERNMENT PLEADER SRI.D.SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.1605/2013 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1- TRUE COPY OF THE RELEVANT EXTRACT OF BANK STATEMENT. EXHIBIT-P2- TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA STATE FARMERS DEBT RELIEF COMMISSION DATED1812/2009 EXHIBIT-P3- TRUE COPY OF THE SALE NOTICE DATED2401/2012 ISSUED BY THE2D RESPONDENT. EXHIBIT-P4- TRUE COPY OF THE PAYMENT RECEIPT DATED0603/2012. EXHIBIT-P5- TRUE COPY OF THE SALE PUBLICATION IN MATHRUBHOOMI DAILY DATED2812/2012. EXHIBIT-P6- TRUE COPY OF THE REPRESENTATION DATED0301/2013 SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT. EXHIBIT-P7- TRUE COPY OF THE AGRICULTURL DEBT WAIVER AND DEBT RELIEF SCHEME, 2008. RESPONDENTS' EXHIBITS : EXHIBIT R1(A) TRUE COPY OF THE LEDGER EXTRACT OF THE PETITIONER'S LOAN ACCOUNT /TRUE COPY/ P.A.TO.JUDGE sts K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.1605 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2014

JUDGMENT

The petitioner, a defaulter in repaying the loan, availed of from the 1st respondent is before this Court challenging the recovery proceedings initiated against him. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following term:- (i) The petitioner shall produce a certified copy of this judgment before the 1strespondent within two weeks of receipt of the same. (ii) The 1st respondent shall quantify the amounts due under the loan account of the petitioner and inform the petitioner in writing the amounts due as on 31.01.2014. (iii) The 1st respondent shall grant eight monthly W.P(C) No.1605 of 2013 2 instalments for the payment of the balance dues, starting from 22.02.2014. (iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this judgment are made without any default. (v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue. (vi) On the 8th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 31.01.2014 which shall be satisfied by the petitioner on the 22nd of the succeeding month. (vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable. It is submitted by the learned counsel for the respondent that there is a One Time Settlement (OTS) facility available in the Bank for settlement of the dues in a lumpsum and that the same expires on 31.03.2014. If the petitioner is desirous of availing such facility, then the petitioner can approach the Bank and then on satisfaction W.P(C) No.1605 of 2013 3 of the amount as directed by the bank, the loan shall stand closed. It is made clear that the petitioner would not be entitled to settle the loan as per the OTS scheme, by taking resort to the instalments granted herein. In the context of no OTS facility being availed of by the petitioner, the amount shall be deposited as indicated above. Writ Petition is disposed of as above, making it clear that the respondent Bank will be free to proceed with the recovery, if the above conditions are not complied with. Sd/- K. VINOD CHANDRAN, JUDGE SB

Same Court & Year Kerala · 2014 Same Parties C.V.T.Devi vs Vatakara Co-operative Agricultural and Rural De... Same Subject Land Acquisition Same Judge Honourable Mr.Justice K.Vinod Chandran