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K.C.JOSE, KOORANMKALLOOKARAN HOUSE versus STATE OF KERALA, REPRESENTED BY ITS

High Court of Kerala

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K.C.JOSE, KOORANMKALLOOKARAN HOUSE v. STATE OF KERALA, REPRESENTED BY ITS - OP No. 8379 of 2003(V) [2006] RD-KL 1047 (11 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 8379 of 2003(V)

1. K.C.JOSE, KOORANMKALLOOKARAN HOUSE,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent

2. TALUK INDUSTRY OFFICE, REPRESENTED BY

3. DISTRICT COLLECTOR, ERNAKULAM

4. DEPUTY THAHASILDAR, REVENUE RECOVERY,

5. SOUTH INDIAN BANK, REPRESENTED BY ITS

For Petitioner :SRI.SAIBY JOSE KIDANGOOR

For Respondent :SRI.K.PRABHAKARAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :11/10/2006

O R D E R

C.N.RAMACHANDRAN NAIR,J.

``````````````````````````` O.P. NO.8379 OF 2003 ```````````````````````````

Dated this the 11th day of October, 2006



J U D G M E N T

Heard the counsel for the petitioner.

2. I have gone through the counter affidavit. The petitioner challenges recovery proceedings for recovery of arrears of loan taken by the petitioner's son under the PMRY scheme from the fifth respondent Bank. It is stated in the counter affidavit that petitioner is a co-obligant for the loan and therefore petitioner's property can be attached and sold in recovery proceedings. The petitioner is the guarantor of the loan and so recovery is permissible against the petitioner also.

3. The Tahsildar is directed to verify the loan documents and proceed for recovery against the property of the principal debtor . Since petitioner is also a guarantor, petitioner's properties also can be attached and sold in recovery proceedings. However, there will be a direction to the 5th respondent, Bank to grant waiver of penal interest and settle liability if the borrower approaches the bank and makes payments exclusive of penal interest on or before 30.03.2007. OP is disposed of as above.

C.N.RAMACHANDRAN NAIR, JUDGE

Rp WPC


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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