High Court Kerala High Court

Many vs The State Bank Of Travancore on 29 August, 2008

Kerala High Court
Many vs The State Bank Of Travancore on 29 August, 2008
       

  

  

 
 
  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.
                  --------------------------------------------
                       W.P.C. NO. 19389 OF 2006
                  --------------------------------------------
                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
kk

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