Kerala High Court
Mini A vs The Authorized Officer on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12131 OF 2024
PETITIONER:
MINI A
AGED 51 YEARS
KOPPARA VADAKKATHIL,
PRIYADARSHINI NAGAR 104,
KILLIKOLLOOR P O ,
KOLLAM, PIN - 691004.
BY ADVS.
SAGITH KUMAR V.
C.B.SREEKUMAR
DEVAPRIYA S.
SAJJU V.
RESPONDENTS:
1 THE AUTHORIZED OFFICER
UNION BANK OF INDIA
KOLLAM MAIN BRANCH, FATHIMA BUILDING,
PB NO. 182, BEACH ROAD
KOLLAM, PIN - 691001.
2 THE BRANCH MANAGER
UNION BANK OF INDIA
KOLLAM MAIN BRANCH, FATHIMA BUILDING,
PB NO. 182, BEACH ROAD
KOLLAM, PIN - 691001.
BY ADVS.
ASP.KURUP
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
B.SREEDEVI
ATHIRA VIJAYAN
W.P.(C)No.12131 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.12131 of 2024
:3:
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner is before this Court seeking the following reliefs:-
"i) To issue a writ of mandamus or such other writ, order or direction against the respondents from taking further action on Ext.P13 till the disposal of this writ petition.
ii) To issue a writ of mandamus or such other writ, order or direction against the respondents to produce the statement of accounts regarding the entire loan transactions of the petitioner.
iii) This Hon'ble Court may initiate contempt proceedings against the 2nd respondent.
iv) To grant such other reliefs which to the petitioner may seek from time to time and this Hon'ble Court may deem fit to be granted to the circumstances.
v) Dispense with filing of the translation of vernacular documents."
2. It is evident from the pleadings that the petitioner had earlier approached this Court filing W.P.(C) No.1398 of W.P.(C)No.12131 of 2024 :4: 2024. This Court disposed of the writ petition with the following directions:-
"11. The writ petition is therefore disposed of with the following directions:
(i) The petitioner shall remit ₹2 lakhs on or before 31.01.2024 and the balance overdue amount in 10 consecutive and equal monthly instalments thereafter along with accruing interest and other Bank charges, if any.
(ii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.
(iii) The petitioner shall also pay current EMIs along with the aforesaid payments.
(iv) If the petitioner makes payments as directed above, coercive proceedings, if any, against the petitioner shall stand deferred."
3. It appears that the petitioner has defaulted in making certain instalments as directed by this Court in Ext.P9 judgment.
4. The petitioner submits that the petitioner has subsequently remitted the amount and made the payments up-to-date.
W.P.(C)No.12131 of 2024 :5:5. Standing Counsel representing the Bank submits that if the petitioner continues to make payments as directed in Ext.P9 judgment, the respondents will not take any coercive proceedings.
6. In view of the statements as made above, no further orders are necessary in this writ petition. The respondents shall treat the payments made by the petitioner hitherto as in compliance of the directions in Ext.P9 judgment.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.12131 of 2024 :6: APPENDIX OF WP(C) 12131/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SECTION 13(2) DEMAND NOTICE DATED 14/11/2022. Exhibit P2 THE TRUE COPY OF SECTION 13(4) NOTICE DATED 03/02/2023.
Exhibit P3 TRUE PHOTO COPY OF THE SALE NOTICE OF THE 1ST RESPONDENT DATED 15-06-2023. Exhibit P4 TRUE COPY OF THE ORDER IN WP(C) NO.
24429 OF 2023 DATED 02/08/2023. Exhibit P5 TRUE COPY OF THE LETTER Exhibit P6 TRUE COPY OF THE REPLY DATED 24/08/2023.
Exhibit P7 TRUE COPY OF THE DISCHARGE SUMMARY. Exhibit P8 TRUE COPY OF THE SALE NOTICE DATED 21/12/2023.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C).
NO.1398 OF 2024 DATED 24.01.2024. Exhibit P10 TRUE COPY OF THE RECEIPT DATED 31/01/2024.
Exhibit P11 TRUE COPY OF THE REPRESENTATION. Exhibit P12 TRUE COPY OF THE COMMUNICATION FROM 2ND RESPONDENT DATED 14/02/2024.
Exhibit P13 TRUE COPY OF THE NOTICE ISSUED BY
ADVOCATES COMMISSIONER DATED
15/02/2024.