IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
WP(C) NO. 11764 OF 2023
PETITIONER/S:
A.V. LUKOSE,
AGED 69 YEARS
S/O VARKEY, ALAKKAL HOUSE,
ARUVIKUZHY PO, KOTTAYAM, PIN - 686503
BY ADVS.
P.SIVARAJ
M.MEHAR FARSANA
RESPONDENT/S:
1 ANICKAD REGIONAL FARMERS SERVICE
CO-OPERATIVE BANK LTD
NO.3867 ANICKAD, KOTTAYAM, PIN - 686503
REPRESENTED BY ITS MANAGING DIRECTOR.
2 MANAGING DIRECTOR
ANICKAD REGIONAL FARMERS SERVICE
CO- OPERATIVE BANK LTD NO.3867
ANICKAD, KOTTAYAM, PIN - 686503
3 SPECIAL SALE OFFICER
KCOROPPADA SCB GROUP,
OFFICE OF THE ASST. REGISTRAR OF
CO-OPERATIVE SOCIETIES (G)
KOTTAYAM, PIN - 686502
BY ADVS.
Shaji Thomas
MOHAN PULIKKAL(K/64A/1985)
JEN JAISON(K/000208/2017)
SMT.C.S.SHEEJA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.11764 of 2023
2
JUDGMENT
The petitioner has approached this Court challenging the proceedings initiated by the respondent bank to recover amounts due under the credit facilities availed by the petitioner.
2. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the respondent bank that despite several opportunities being granted by this Court, the amounts directed to be paid as a condition for interim order have not been paid so far. It is submitted that there is absolutely no merit in the contentions taken in the writ petition and the respondent bank may be permitted to proceed in the matter in accordance with the law.
3. Though the learned counsel for the petitioner would vehemently contend that the petitioner is not a recalcitrant defaulter and that if sufficient opportunity is granted, he will be in a position to clear the liability, I am of the view that the petitioner has not made out any case warranting the exercise of jurisdiction under Article 226 of the Constitution of India. The respondent bank has obtained awards determining WPC No.11764 of 2023 3 the amounts payable by the petitioner. These awards have been put to execution and the property of the petitioner has been brought to sale. There is absolutely no infirmity pointed out with regard to the proceedings initiated by the respondent bank. In such circumstances, the only relief that can be granted to the petitioner is that he can be permitted to clear the liability in some instalments. Since the petitioner has not proved his bonafides, I am of the view that the petitioner is not even entitled to such relief.
This writ petition fails and it is, accordingly, dismissed.
Sd/-
GOPINATH P., JUDGE rkj WPC No.11764 of 2023 4 APPENDIX OF WP(C) 11764/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AUCTION NOTICE ISSUED ON 23.02.2023 IN FILE NO.1023/2018 Exhibit P2 TRUE COPY OF AUCTION NOTICE ISSUED ON 23.02.2023 IN FILE NO. 1024/2018