Stanaley K.L. vs The District Collector on 2 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26455 of 2008(Y)


1. STANALEY K.L., KALLUVEETTIL HOUSE,
                      ...  Petitioner
2. RANJITH PAUL, S/O STANLEY K.L.,

                        Vs



1. THE DISTRICT COLLECTOR, ERNAKULAM,
                       ...       Respondent

2. THE TAHSILDAR, KANAYANNUR,

3. ING VYSYA BANK, REPRESENTED BY ITS

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  :SRI.R.S.KALKURA

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :02/07/2009

 O R D E R
                   P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                       W.P. (C) No. 26455 of 2008
                     ~~~~~~~~~~~~~~~~~~~~~~~
                  Dated, this the 2nd day of July, 2009

                               JUDGMENT

The petitioners (who are the father and son) had availed ‘an

education’ of Rs. 2 lakhs loan from the 3rd respondent, in connection

with the B.Tech studies of the 2nd petitioner, which was not repaid on

time. This led to the coercive proceedings pursued by the first and

second respondents, at the instance of the 3rd respondent, which is

subjected to challenge in the present Writ Petition.

2. The respondent Bank has filed a statement, pointing out the

relevant facts and figures along with the statement of accounts, as

Annexure R3 (a).

3. After hearing both the sides, taking note of the fact that the

petitioner completed his studies only in September, 2007, that he got

employment only in July, 2008, and of course with reference to the

relevant clause governing the loan transaction, this Court finds it fit and

proper to have the loan regularized, subject to the condition that the

petitioner satisfies the defaulted arrears, which is stated as about

Rs.30,000/- plus interest and cost as on date.

4. In the said circumstances, the petitioners are directed to clear

the defaulted arrears as above, by way of two equal installments. The

first installment shall be effected on or before the 30th of this month and

WP (C) No. 26445 of 2008
: 2 :

the second installment shall be effected on or before the 30th of August,

2009. It is made clear that, this will be in addition to the liability of the

petitioners to effect the regular monthly installments in respect of July

onwards. It is further made clear that, if any default is committed by the

petitioners in clearing the defaulted arrears as above, or if any two

consecutive defaults are made with regard to the payment of regular

EMIs, the respondent Bank will be at liberty to proceed with the

coercive steps against the petitioners from the stage where it stands as

on date, for realization of the due amounts as aforesaid

The Writ Petition is disposed of as above.

P. R. RAMACHANDRA MENON, JUDGE

kmd