Jagadeeswaran Vs. Authorised Officer, Bank of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1087268
CourtKerala High Court
Decided OnSep-06-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantJagadeeswaran
RespondentAuthorised Officer, Bank of India
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh friday, the 6th day of september 2013/15th bhadra, 1935 wp(c).no. 22057 of 2013 (f) ---------------------------- petitioner(s)/petitioner: ------------------------------------------------ 1. jagadeeswaran, aged 42 years s/o.chellappan, navaneetham, thrippuram p o thiruvananthapuram-695123 2. kumari geetha devi navaneetham, thiruppuram p o thiruvananthapuram-695123 byadvs.sri.r.t.pradeep sri.a.c.philip respondent(s)/respondents: ---------------------------------------------------- 1. authorised officer, bank of india main branch, m g road thiruvananthapuram-695001 2. branch manager bank of india, kattakkada branch r1 & 2 byadv. sri.n.p.sethu this writ petition (civil) having come up for admission on 06-09- 2013, the court on the same day delivered the following: wp(c).no. 22057 of 2013 (f) ---------------------------- appendix petitioner(s)' exhibits ------------------------------------- p1: -true copy of warrant dtd 10/6/2013 in mc no 359/2013 by cjm, thiruvananthapuram p2:- copy of notice dtd 3/8/2013 by commissioner p3:- the copy of communication nil dtd from 2nd respondent respondent(s)' exhibits --------------------------------------- nil true copy p.a to judge smm v.chitambaresh,j.= = = = = = = = = = = w.p.(c) no. 22057 of 2013 = = = = = = = = = = = == = = = = dated this the 6th day of september, 2013 judgment the petitioners expressly give up all the contentions in the writ petition and are rest contended with a facility to repay the amount due to the second respondent bank in easy instalments.2. i permit the petitioners to repay the amount due to the second respondent bank in ten equal monthly instalments starting from 1-11-2013.3. the coercive steps pursuant to ext.p2 notice shall be put on hold if the petitioners comply with the conditions in time. the coercive steps shall surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above.4. nothing said herein above will preclude the petitioners from approaching the second respondent bank for extending the benefit of the one time settlement scheme, if any. the writ petition is disposed of. v.chitambaresh judge smm 2
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF SEPTEMBER 2013/15TH BHADRA, 1935 WP(C).No. 22057 of 2013 (F) ---------------------------- PETITIONER(S)/PETITIONER: ------------------------------------------------ 1. JAGADEESWARAN, AGED 42 YEARS S/O.CHELLAPPAN, NAVANEETHAM, THRIPPURAM P O THIRUVANANTHAPURAM-695123 2. KUMARI GEETHA DEVI NAVANEETHAM, THIRUPPURAM P O THIRUVANANTHAPURAM-695123 BYADVS.SRI.R.T.PRADEEP SRI.A.C.PHILIP RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. AUTHORISED OFFICER, BANK OF INDIA MAIN BRANCH, M G ROAD THIRUVANANTHAPURAM-695001 2. BRANCH MANAGER BANK OF INDIA, KATTAKKADA BRANCH R1 & 2 BYADV. SRI.N.P.SETHU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-09- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22057 of 2013 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: -TRUE COPY OF WARRANT DTD 10/6/2013 IN MC NO 359/2013 BY CJM, THIRUVANANTHAPURAM P2:- COPY OF NOTICE DTD 3/8/2013 BY COMMISSIONER P3:- THE COPY OF COMMUNICATION NIL DTD FROM 2ND RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.

= = = = = = = = = = = W.P.(C) No. 22057 of 2013 = = = = = = = = = = = == = = = = Dated this the 6th day of September, 2013

JUDGMENT

The petitioners expressly give up all the contentions in the writ petition and are rest contended with a facility to repay the amount due to the second respondent bank in easy instalments.

2. I permit the petitioners to repay the amount due to the second respondent bank in ten equal monthly instalments starting from 1-11-2013.

3. The coercive steps pursuant to Ext.P2 notice shall be put on hold if the petitioners comply with the conditions in time. The coercive steps shall surge ahead in case the petitioners commit default in the payment of anyone of the instalments as directed above.

4. Nothing said herein above will preclude the petitioners from approaching the second respondent bank for extending the benefit of the One Time Settlement Scheme, if any. The writ petition is disposed of. V.CHITAMBARESH JUDGE smm 2