Kerala High Court
Joykutty Abraham vs The South Indian Bank Ltd on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 9460 OF 2024
PETITIONER
JOYKUTTY ABRAHAM,
AGED 85 YEARS
S/O ABRAHAM,THONNIPPARACKAL (H),
ANICKADU P.0, PATHANAMTHITTA,
PIN - 689585
BY ADV AJITH M. JIJI
RESPONDENT:
THE SOUTH INDIAN BANK LTD.,
REPRESENTED BY THE AUTHORIZED OFFICER,
REGIONAL OFFICE, 2ND FLOOR,TMJCOMPLES,
RAMANCHIRA,THIRUVALLA, PIN - 689107
SMT.S.LAKSHMY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.9460 Of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024 When the respondent-Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of financial advance made to the petitioner, the petitioner approached this Court seeking the following reliefs:-
"i) Issue a writ of mandamus giving direction to the respondent, to pass orders on Ext.P4 on granting 3 Months time to pay the total outstanding amount.
ii) Pass such other orders which are incidental and proper in the interest of justice."
2. When this writ petition came up for admission on 07.03.2024, this Court passed an interim order to the following effect:-
"There will be an interim order directing that if the petitioner remits an amount of ₹5 lakhs on or before 20.03.2024 and a further amount of ₹2.5 lakhs on or before 27.03.2024, coercive proceedings shall stand deferred till the next posting date."
WP(C) No.9460 Of 2024 3
3. Standing Counsel representing the Bank submits that the petitioner has not made any payment as directed in the interim order dated 07.03.2024.
4. The petitioner has approached this Court seeking time to pay the total outstanding amount. The petitioner has not remitted even a part of the said amount as directed by this Court.
In the circumstances, the petitioner is not entitled to any further relief. The writ petition is therefore dismissed.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.9460 Of 2024 4 APPENDIX OF WP(C) 9460/2024 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE SAID POSSESSION NOTICE DATED 11.09.2023 ISSUED ON THE PETITIONER BY THE RESPONDENT BANK Exhibit -P2 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT DATED 26.10.2023 IN WP(C) NO.35115/2023 Exhibit -P3 TRUE COPY OF NOTICE DATED 20.11.2023 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit -P4 TRUE COPY OF THE REQUEST OF LETTER DATED 04-03-2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT