Magna Antony vs the Branch Manager

Magna Antony vs The Branch Manager

Type Court Judgment Court Kerala Decided Feb 07, 2024

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Citation: sooperkanoon.com/1295584
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Feb 07, 2024
Case Number: WP(C)/21048/2023

Parties & Advocates

Appellant / Petitioner

Magna Antony

Respondent

The Branch Manager

Excerpt

..... to bereleased to her, for which she said she would obtain necessary authorization from her husband, attested by the jail authority.in the afore circumstances, this writ petition is allowed, directing the respondent to allow the petitioner to pay off the amounts outstanding in the gold loan account in the name of her husband, along with all applicable charges and interest, in six equal monthly installments, commencing from 01.03.2024. on the petitioner paying off the outstanding as afore, the gold ornaments will be released to -4-her; however, on condition that she produces a valid authority from her husband attested by the competent jail authority. needless to say, if the petitioner defaults payment of any two installments as ordered above, then the benefit of this judgment will be lost to her and the bank will be at liberty to initiate necessary recovery action; for which purpose, all their contentions are left open. sd/- devan ramachandran judge akv -5- appendix of wp(c) 21048/2023 petitioner exhibits exhibit p1 true copy of the receipt dated 13.09.2022 issued by the respondent exhibit p2 true copy of the notice dated19.06.2023 demanding rs. 751,711.39/- for the loan account no.0180653000024378 issued by the respondent exhibit p3 true copy of the notice dated 19.06.2023 demanding rs.2,91,288.96/- for the loan account no.0180653000024379 issued by the respondent exhibit p4 true copy of the representation dated 20.06.2023 submitted by the petitioner to the respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 PETITIONER: MAGNA ANTONY, AGED 37 YEARS, W/O ANTONY SUNNY, VELLARA HOUSE, NHAMANGHAT P.O., THRISSUR DISTRICT, PIN - 679563. BY ADVS. P.P.BIJU SAFNA P.S. RESPONDENT: THE BRANCH MANAGER, SOUTH INDIAN BANK LTD., NHAMANGHAT P.O., NAYARANGADI THRISSUR - 682035. BY ADVS. K.N.SIVASANKARAN MOHAN JACOB GEORGE P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The petitioner claims to be the wife of

Mr.Antony Sunny, who is now stated to be incarcerated in a jail in Tamil Nadu, seeks that a gold loan availed of by the latter be allowed to be paid off by her in installments. She says that she has been constrained to approach this Court with the afore request because, since her husband is unable to have the renewal of the gold loan completed on account of his present condition, this is the only option available to her.

2. Sri.Mohan Jacob George - learned

Standing Counsel for the respondent Bank, in response to the afore submission of Smt.Safna P.S. - learned counsel for the petitioner, submitted that the total outstanding in the loan account as on today (07.02.2024) is Rs.10,50,987.85; and that the petitioner, or her -3- husband, can be allowed to pay it off, along with accrued interest, in not more than six equal monthly installments.

3. Smt.Safna P.S. - learned counsel for the

petitioner,         accepted     the       afore        suggestion;
however,      praying    that,      once    the       loan    is    thus
cleared,      the   ornaments       may    be    directed       to    be

released to her, for which she said she would obtain necessary authorization from her husband, attested by the Jail Authority.

In the afore circumstances, this writ petition is allowed, directing the respondent to allow the petitioner to pay off the amounts outstanding in the gold loan account in the name of her husband, along with all applicable charges and interest, in six equal monthly installments, commencing from 01.03.2024. On the petitioner paying off the outstanding as afore, the gold ornaments will be released to -4-

her; however, on condition that she produces a valid authority from her husband attested by the competent Jail Authority. Needless to say, if the petitioner defaults payment of any two installments as ordered above, then the benefit of this judgment will be lost to her and the Bank will be at liberty to initiate necessary recovery action; for which purpose, all their contentions are left open. Sd/- DEVAN RAMACHANDRAN JUDGE akv -5- APPENDIX OF WP(C) 21048/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 13.09.2022 ISSUED BY THE RESPONDENT EXHIBIT P2 TRUE COPY OF THE NOTICE DATED

19.06.2023 DEMANDING RS. 751,711.39/- FOR THE LOAN ACCOUNT NO.0180653000024378 ISSUED BY THE RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 19.06.2023 DEMANDING RS.2,91,288.96/- FOR THE LOAN ACCOUNT NO.0180653000024379 ISSUED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 20.06.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Magna Antony vs The Branch Manager Same Judge Honourable Mr. Justice Devan Ramachandran