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2024 Supreme(Online)(KER) 22327

HIGH COURT OF KERALA
RAHAMATH – Appellant
Versus
STATE BANK OF INDIA – Respondent


JUDGMENT

Dated this the 13th day of August, 2024 The petitioner has approached this Court aggrieved by the coercive proceedings for recovery of financial advance made by the State Bank of India to the petitioner, invoking the provisions of the Revenue Recovery Act.

2. The Bank paid ₹7,60,000/- to the petitioner as MSME Loan in the year 2020. The petitioner states that though the petitioner made remittances promptly during the initial repayment period of the financial advance, she could not pay the instalments promptly later. The repayment of loan fell into arrears later. It happened due to reasons beyond the control of the petitioner.

3. Though the petitioner requested the Bank to permit the petitioner to repay the outstanding amounts in easy monthly instalments, the Bank authorities were not yielding.

The authorities, instead, started coercive proceedings, invoking the provisions of the Revenue Recovery Act and issued Exts.P3 and P4 notices.

4. The petitioner states that she is still in a position to clear the outstanding amounts towards the loan, if sufficient time is given to clear the dues in easy monthly instalments. If the respondents are permitted to continue with the coercive p

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