Aswathy Kumar Vs. the Manager Bank of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1013723
CourtKerala High Court
Decided OnJul-03-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantAswathy Kumar
RespondentThe Manager Bank of India
Excerpt:
in the high court of keralaat ernakulam present: the honourable mr.justice v.chitambaresh wednesday, the 3rd day of july 2013 12th ashadha, 1935 wp(c).no. 9195 of 2013 (y) --------------------------- petitioner(s): -------------------------- 1. aswathy kumar c., s/o chandrasenan s., kamalalayam, chathanpara thottakkad p.o., pin:695 605 thiruvananthapuram district.2. masha p.,w/o aswathy kumar c., kamalalayam, chathanpara thottakkad p.o., pin:695 605 thiruvananthapuram district. by adv. sri.o.d.sivadas respondent(s): ---------------------------- 1. the manager, bank of india, attingal, thiruvananthapuram.2. the special tahsildar, chirayinkeezhu taluk, thiruvananthapuram.3. the village officer, office of the village officer, alamkode, attingal thiruvananthauram district. by government pleader smt.anitha ravindran by sri.p.p.joyi this writ petition (civil) having come up for admission on 03-07-2013, the court on the same day delivered the following: wp(c).no. 9195 of 2013 (y) appendix petitioner(s)' exhibits exhibit p1: true copy of the notice issued by the 2nd respondent to the ist petitioner. exhibit p2: true ocpy of the notice issued byt he 2nd respondnet to the ist petitioner. exhibit p3: true copy of the notice issued by the 2nd respondnet to the ist petitioner. exhibit p4: true copy of the receipt dated 20 12.2012 issued by the village officer issued evidencing the payment by the ist petitioner. exhibit p5: true copy of the receipt dated 20 12.2012 issued by the village officer issued evidencing the payment by the ist petitioner. exhibit p6: true copy of the receipt dated 20 12.2012 issued by the village officer issued evidencing the payment by the 2nd petitioner. exhibit p7: true copy of the revenue recovery notice 12 3.2013 issued byt he 2nd respondent. exhibit p8: true copy of the revenue recovery notice 12 3.2013 issued by the 2nd respondent. respondent(s)' exhibits : nil /true copy/ p.a. to judge. v. chitambaresh, j -------------------------------- wp(c) no. 9195 of 201.------------------------------------ dated this the 3rd day of july, 2013 judgment the petitioners are eager and willing to close the loan account with the first respondent bank. they however seek the benefit of 'one time settlement' scheme if any. the petitioners have also a contention that the entire amount paid by them have not been given credit to in the loan account.2. i permit the petitioner to file a detailed representation to the first respondent bank within a period of one month. the same shall be accompanied by a deposit of `2,00,000/- (rupees two lakhs only) the representation shall be considered by the first respondent bank within a period of two months.3. the respondent bank is at liberty to waive penal interest and grant concessional benefit if any to the petitioners. the first respondent bank is also free to permit the petitioners to repay the balance amount in easy instalments.4. the coercive proceedings pursuant to exts.p7 and p8 notices shall be put on hold till the representation is considered 2 wp(c) no. 9195/2013 by the first respondent. the coercive proceedings can surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above. the writ petition is disposed of. v. chitambaresh judge ncd
Judgment:

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 3RD DAY OF JULY 2013 12TH ASHADHA, 1935 WP(C).No. 9195 of 2013 (Y) --------------------------- PETITIONER(S): -------------------------- 1. ASWATHY KUMAR C., S/O CHANDRASENAN S., KAMALALAYAM, CHATHANPARA THOTTAKKAD P.O., PIN:695 605 THIRUVANANTHAPURAM DISTRICT.

2. MASHA P.,W/O ASWATHY KUMAR C., KAMALALAYAM, CHATHANPARA THOTTAKKAD P.O., PIN:695 605 THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ---------------------------- 1. THE MANAGER, BANK OF INDIA, ATTINGAL, THIRUVANANTHAPURAM.

2. THE SPECIAL TAHSILDAR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.

3. THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, ALAMKODE, ATTINGAL THIRUVANANTHAURAM DISTRICT. BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN BY SRI.P.P.JOYI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9195 of 2013 (Y) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER. EXHIBIT P2: TRUE OCPY OF THE NOTICE ISSUED BYT HE 2ND RESPONDNET TO THE IST PETITIONER. EXHIBIT P3: TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDNET TO THE IST PETITIONER. EXHIBIT P4: TRUE COPY OF THE RECEIPT DATED 20 12.2012 ISSUED BY THE VILLAGE OFFICER ISSUED EVIDENCING THE PAYMENT BY THE IST PETITIONER. EXHIBIT P5: TRUE COPY OF THE RECEIPT DATED 20 12.2012 ISSUED BY THE VILLAGE OFFICER ISSUED EVIDENCING THE PAYMENT BY THE IST PETITIONER. EXHIBIT P6: TRUE COPY OF THE RECEIPT DATED 20 12.2012 ISSUED BY THE VILLAGE OFFICER ISSUED EVIDENCING THE PAYMENT BY THE 2ND PETITIONER. EXHIBIT P7: TRUE COPY OF THE REVENUE RECOVERY NOTICE 12 3.2013 ISSUED BYT HE 2ND RESPONDENT. EXHIBIT P8: TRUE COPY OF THE REVENUE RECOVERY NOTICE 12 3.2013 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 9195 OF 201.------------------------------------ Dated this the 3rd day of July, 2013 JUDGMENT The petitioners are eager and willing to close the loan account with the first respondent bank. They however seek the benefit of 'One Time Settlement' scheme if any. The petitioners have also a contention that the entire amount paid by them have not been given credit to in the loan account.

2. I permit the petitioner to file a detailed representation to the first respondent bank within a period of one month. The same shall be accompanied by a deposit of `2,00,000/- (Rupees Two lakhs only) The representation shall be considered by the first respondent bank within a period of two months.

3. The respondent bank is at liberty to waive penal interest and grant concessional benefit if any to the petitioners. The first respondent bank is also free to permit the petitioners to repay the balance amount in easy instalments.

4. The coercive proceedings pursuant to Exts.P7 and P8 notices shall be put on hold till the representation is considered 2 WP(C) No. 9195/2013 by the first respondent. The coercive proceedings can surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE ncd