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2016 Supreme(Online)(KER) 3598

HIGH COURT OF KERALA
MOHAN M. SHANTANAGOUDAR, CJ, K.T.SANKARAN, J
MANAGER PUNJAB NATIONAL BANK – Appellant
Versus
GOPALAKRISNAN – Respondent


Advocates:
SRI.SANTHEEP ANKARATH, SRI.C.K.RAMAKRISHNAN, SRI.M.A.ASIF

J U D G M E N T

Mohan M. Shantanagoudar, Ag. CJ This writ appeal is filed against the judgment dated 5.4.2016 passed in W.P.(C) No.6832 of 2016. In the said judgment, the learned Single Judge concluded thus :-

“If the petitioner produces any certificate showing that he belonging to economically weaker sections, certainly, the petitioner would be entitled for full interest subsidy during the moratorium period. Therefore, based on the income certificate produced by the petitioner, he should be restored with full interest subsidy during the moratorium period referred in Ext.P4. If any excess amount is collected from the petitioner, the same shall be restored to the petitioner. Appropriate decision shall be taken within a period of two months from the date of receipt of a copy of this judgment.”

The Bank is in appeal against the aforementioned conclusion and certain observations made during the course of the judgment.

2. The records reveal that the writ petitioner/first respondent herein availed an educational loan for the purpose of studies of his son from the Punjab National Bank, agreeing to pay certain rate of interest. The writ petitioner claims that he belongs to economically weaker

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