Jolly vs State of Kerala

JOLLY vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 26, 2025

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https://sooperkanoon.com/case/1277176

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Citation: sooperkanoon.com/1277176
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 26, 2025
Case Number: WP(C)/1821/2025
Subject: Commercial

Case Summary

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

Commercial

Key legal issue: Commercial

Parties & Advocates

Appellant / Petitioner

JOLLY

Respondent

State of Kerala

Excerpt

.....submits that an amount of rs.25,45,909/- is outstanding in the loan account of the petitioner as on 18.02.2025 and the petitioner can be permitted to pay the said amount in reasonable instalments.5. the learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly instalments.6. in the facts and circumstances of the case, there willbe a direction to the petitioner to pay the outstanding amount of rs.25,45,909/- in 20 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. if the petitioner defaults payment of any of the wp(c) no.1821 of 2025 4 instalments, it will be open to the bank to proceed against her for recovery of the amount, in accordance with law. to enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to exts.p6 and p7 shall stand deferred. it will be open to the petitioner to approach the bank for availing the benefit of one time settlement scheme.the writ petition is disposed of. sd/- murali purushothaman judge smp wp(c) no.1821 of 2025 5 appendix of wp(c) 1821/2025 petitioner exhibits exhibit p1 a true copy of the loan application dated the 3rd respondent bank exhibit p2 true copy of the tax receipt issued to the petitioner 01/2/2019 exhibit p2(a) true copy of the tax receipt issued to the petitioner 26/07/2022 exhibit p3 a true copy of the account statement of thepetitioner’s loan account issued by the branch manager, kerala state co-operative bank ltd., thevalakkara branch dated exhibit p4 a true copy of the demand notice dated nil issued by the respondent bank exhibit p5 a true copy of the case proceedings downloaded from the website of the debt recovery tribunal exhibit p6 a true copy of the form 1 notice dated exhibit p7 a true copy of the form 10 notice dated

Full Judgment

WP(C) No.1821 of 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 1821 OF 2025 PETITIONER: JOLLY AGED 45 YEARS BANGLAVIL KADAVIL, ARINALLOOR, KARUNAGAPPALLY, KOLLAM, PIN - 690538 BY ADVS. UMMUL FIDA C.IJLAL P.PARVATHY MAJID MUHAMMED K. ANANDU R. MOHAMMED AZEEM M. RESPONDENTS:
1 STATE OF KERALA SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF SECRETARY, PIN - 695001 2 THE DEPUTY TAHSILDAR KARUNAGAPPALLY TALUK, MINI CIVIL STATION, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690518 3 KERALA BANK, THEVALAKKARA -KERALA STATE CO-OPERATIVE BANK, I/7, ELR, OLLMPIN, THEVALAKKARA, KOLLAM, REPRESENTED BY ITS MANAGER, PIN - 690524 BY SRI.P.C. SASIDHARAN, SC. SMT.SHEEJA C.S, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.1821 of 2025 2

JUDGMENT

The loan availed by the petitioner from the 3rd respondent Bank fell in arrears. The Bank initiated proceedings under Section 13 of the SARFAESI Act. Ext.P4 is the demand notice issued under the SARFAESI Act by the Bank. Against the said proceedings, the petitioner had preferred SA No.93 of 2022 before the Debts Recovery Tribunal, Ernakulam. In the meantime, the Bank also initiated proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext.P6 is the demand notice issued under Section 7 of the Act by the 2nd respondent. Ext.P7 is the notice prior to attachment issued under Section 34 of the Act. The petitioner has filed this writ petition challenging Exts.P6 and P7. The petitioner has also sought for a direction to the Bank to extend the benefit of One Time Settlement Scheme to her.

2. When the writ petition came up for consideration on

18.02.2025, Sri.P.C Sasidharan, the learned Standing Counsel for the 3rd respondent Bank submitted that the Bank is willing to provide instalment facility to the petitioner to settle the loan WP(C) No.1821 of 2025 3 account provided she shall not prosecute the proceedings before the Debts Recovery Tribunal.

3. The learned counsel for the petitioner submits that if the petitioner is granted instalment facility, she undertakes not to prosecute the proceedings before the DRT.

4. Sri.P.C Sasidharan, the learned Standing Counsel for

the 3rd respondent Bank submits that an amount of Rs.25,45,909/- is outstanding in the loan account of the petitioner as on 18.02.2025 and the petitioner can be permitted to pay the said amount in reasonable instalments.

5. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly instalments.

6. In the facts and circumstances of the case, there will

be a direction to the petitioner to pay the outstanding amount of Rs.25,45,909/- in 20 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the WP(C) No.1821 of 2025 4 instalments, it will be open to the Bank to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to Exts.P6 and P7 shall stand deferred. It will be open to the petitioner to approach the Bank for availing the benefit of One Time Settlement Scheme.

The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp WP(C) No.1821 of 2025 5 APPENDIX OF WP(C) 1821/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LOAN APPLICATION DATED THE 3RD RESPONDENT BANK Exhibit P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER 01/2/2019 Exhibit P2(A) TRUE COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER 26/07/2022 Exhibit P3 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE

PETITIONER’S LOAN ACCOUNT ISSUED BY THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., THEVALAKKARA BRANCH DATED Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED NIL ISSUED BY THE RESPONDENT BANK Exhibit P5 A TRUE COPY OF THE CASE PROCEEDINGS DOWNLOADED FROM THE WEBSITE OF THE DEBT RECOVERY TRIBUNAL Exhibit P6 A TRUE COPY OF THE FORM 1 NOTICE DATED Exhibit P7 A TRUE COPY OF THE FORM 10 NOTICE DATED

Same Court & Year Kerala · 2025 Same Parties JOLLY vs State of Kerala Same Subject Commercial Same Judge Honourable Mr.Justice Murali Purushothaman