IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19389 of 2006(G)
1. MANY, W/O.RAGHAVAN NAIR,
... Petitioner
Vs
1. THE STATE BANK OF TRAVANCORE,
... Respondent
2. THE DEPUTY TAHSILDAR,
For Petitioner :SRI.JOHN JOSEPH(ROY)
For Respondent :SRI.P.R.VENKETESH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :29/08/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 19389 OF 2006
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Dated this the 29th day of August, 2008
JUDGMENT
Petitioner is challenging recovery proceedings for recovery of
arrears of loan availed by the petitioner’s daughter for purchase of
photocopying machine. Loan was advanced by the Bank under PMRY
scheme, which is normally not covered by any security. However, in
this case, it is reported that petitioner’s house property is given as
security for the loan. Petitioner’s case is that machine is defective from
the very beginning and consumer case filed before the Consumer
Disputes Redressal Forum, Palakkad is pending. It seems that some
interim order passed by the CDRF was taken in appeal or revision
before the State Commissoion, which is delaying disposal of case
before CDRF. Since interest of the Bank is also involved, I feel early
disposal of the consumer case is required. Accordingly State
Commission is directed to dispose of revision or appeal pending
against the orders in OP 35/05 of CDRF, Palakkad within a period of
three months from the date of production of a copy of this judgment by
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the petitioner. The CDRF will dispose of the O.P. within three months
thereafter. Recovery proceedings will remain stayed for eight months
from now or till disposal of the case pending before CDRF finally by
the CDRF, Palakkad whichever is earlier. In between it will be open to
the petitioner to approach the Bank for settlement of liability, and I am
sure the Bank will give all incentives to the petitioner to settle the
liability, if they are satisfied that the business was a failure In any case
if petitioner offers payments, the Bank should not charge penal or
default interest and allow the petitioner to settle liability with agreed if
not reduced rate of interest.
W.P. is disposed of as above.
(C.N. RAMACHANDRAN NAIR)
Judge
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