M/S.Valiyaveettil Traders vs The Deputy Tahsildar (Rr) on 23 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16999 of 2009(T)


1. M/S.VALIYAVEETTIL TRADERS, 40/4667,
                      ...  Petitioner
2. V.A.YAHIA, S/O.RAHIM, AGED 41 YEARS,
3. SAJITHA YAHIA, W/O.YAHIA, AGED 35 YEARS,

                        Vs



1. THE DEPUTY TAHSILDAR (RR),
                       ...       Respondent

2. CENTRAL BANK OF INDIA, ERNAKULAM BRANCH

3. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.UNISE MOHAMED KUNJU

                For Respondent  : No Appearance

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

 Dated :23/06/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
               ........................................................................
                  W.P.(C) No. 16999 OF 2009
              .........................................................................
                      Dated this the              23rd June, 2009


                                  J U D G M E N T

The petitioners have approached this Court challenging the

coercive steps taken by the respondent-Bank invoking the

relevant provisions under the Kerala Revenue Recovery Act,

when the petitioners turned to be chronic defaulters in

discharging the liability towards the loan secured by them from

the Bank .

2. The learned counsel for the respondent-Bank, on

instruction, submits that out of the liability to be cleared by way

of 36 equal monthly installments at the rate of Rs.6600/- , the

petitioners chose to remit only six installments and that the

amount payable under the defaulted installments itself is still

huge, with interest, collection charges and such other expenses.

It is also stated that the Bank will be in a position to regularise

the loan account, only if the petitioners clear the entire

W.P.(C) No. 16999 OF 2009

2

outstanding liability towards the defaulted E.M.Is with interest

and expenses as aforesaid.

3. Taking note of the persuasive submission made from

the part of the learned Counsel for the petitioners, the

petitioners are permitted to clear the entire outstanding liability

towards the defaulted E.M.Is with collection charges, interest and

such other expenses, by remitting a sum of Rs. Fifty thousand

on or before 15.07.2009 and the balance amount towards the

defaulted extent, by way of two equal monthly installments, the

first one to be paid on or before 10.08.2009 and the last one on

or before 10.08.2009. On satisfying the liability as aforesaid,

the loan account will stand regularised. This is over and above

the liability of the petitioners to effect the regular monthly

installments payable, as originally stipulated. All coercive

proceedings stated as being pursued against the petitioners shall

be kept in abeyance till such time. It is further made clear that

if any default is committed in remitting the installments towards

the defaulted E.M.Is or if the petitioners commit two

consecutive defaults in remitting the regular E.M.Is, the Bank

W.P.(C) No. 16999 OF 2009

3

will be at liberty to proceed against the petitioners with further

steps for realisation of the entire amount in a lump sum.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

lk