Jayaraj .E vs Punjab National Bank

Citation : 2024 Latest Caselaw 11121 Ker
Judgement Date : 16 April, 2024

Kerala High Court

Jayaraj .E vs Punjab National Bank on 16 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                        WP(C) NO. 15957 OF 2024
PETITIONER/S:

          JAYARAJ .E,
          AGED 54 YEARS
          S/O ALIAS, MEKKUMKARA VEEDU, MELANTHIYOORKONAM,
          ANTHIYOORKONAM, KOLLODE P.O, MALAYINKEEZHU,
          THIRUVANANTHAPURAM-695 571
          BY ADV LATHEESH SEBASTIAN


RESPONDENT/S:

    1     PUNJAB NATIONAL BANK,
          REPRESENTED BY ITS CIRCLE MANAGER, CIRCLE
          OFFICE,MUTTATHARA,THIRUVANANTHAPURAM-695 026.
    2     THE AUTHORIZED OFFICER & CHIEF MANAGER,
          UNDER THE SARFAEST ACT, PUNJKERALA BANK LTD., REGIONAL
          OFFICE, MUTTATHARA. THIRUVANANTHAPURAM-695 026.
    3     THE BRANCH MANAGER,
          PUBJAB NATIONAL BANK, PALKULANGARA BRANCH, TC 29/1646-
          1, PALLIVILAKOM, NEAR CHEMBAKASHERI JUNCTION,
          PERUNTHANNI, PALKULANGARA, THIRUVANANTHAPURAM-695 008
          BY ADVS.
          SAJI.P.JOSEPH
          A.SEENA
          STANDING COUNSEL,SRI. SANTHEEP ANKARATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.15957 OF 2024
                                    2

                        JUDGMENT

Dated this the 16th day of April, 2024 The petitioner availed a business loan from the respondent Bank. On committing default in repayment, the respondent bank initiated recovery proceedings against the petitioner. This writ petition is filed seeking for a direction to the respondent to allow the petitioner to repay the loan amounts in instalments.

The learned Standing Counsel submits that this is the third writ petition filed by the writ petitioner. Ext.P1 is the order dismissing the writ petitions by granting liberty to the petitioner to approach the Debts Recovery Tribunal in the pending O.A.No.564 of 2019.

In such circumstances, there is no reason to entertain this writ petition. Accordingly, the writ petition is dismissed.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE RK W.P.(C) No.15957 OF 2024 3 APPENDIX OF WP(C) 15957/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT DATED 29.2.2024 IN WPC NOS 22841/2022 AND 21223/2023 Exhibit P2 STATEMENT OF LOAN ACCOUNT BEARING NO 432800IB00000255 FROM 1.07.2022 TO 12.07.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P3 STATEMENT OF LOAN ACCOUNT BEARING NO 4328008700001180 FROM 1.07.2022 TO 12.07.2023 ISSUED BY THE 3RD RESPONDENT Exhibit P4 STATEMENT OF LOAN ACCOUNT BEARING NO 4328008700001180 FROM 11.07.2022 TO 21.02.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 18.03.2024 AND 30.3.2024 Exhibit P6 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 7.4.2024