SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Online)(KER) 55919

P. SWAYAMPRABHA ALIAS PRABHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['C SIVADAS', '', 'SRI VICTOR ANTONY NOONE', 'SRI V K PRASAD', 'SRI P C SASIDHARAN', 'SC', 'KOLLAM DISTRICT CO-OPERATIVE BANK LTD', 'SRI DEVAPRASANTH P J']

The petitioners are stated to be the

legal heirs of deceased Sri.P.Balakrishnan,

who had availed of a loan of Rs.3 lakhs in

the year 2011 from the 4th respondent Bank.

They

say

that

Sri.

P.Balakrishnan

unfortunately died on 07.06.2013 and

therefore, that he is entitled to the

benefits under the 'Kerala Risk fund Scheme

2008', thus causing substantial portions of

the loan to be written off under its mandate.

Their grievance in this writ petition is that

the respondent Bank did not do so and

therefore, that the 2nd respondent-Kerala Co-

operative Development Welfare Board be

directed to consider their entitlement under

WP(C).No. 38030 of 2018 4

the scheme and take appropriate action.

2. I notice that a counter affidavit has

been filed on behalf of the 2nd respondent-

Welfare Fund Board, wherein they say that the

aforementioned Sri.P.Balakrishnan is not

entitled to the benefits under the Scheme

because the terms of the said Scheme would

become applicable only in the case of lions,

the period of which will be over before the

borrower attains 65 years of age. They say

that in the case at hand, the loan taken by

deceased Sri.P.Balakrishnan on 16.12.2011 and

that the pe

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top