Kerala High Court
Rajagopalan M vs Bank Of India on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 42687 OF 2022
PETITIONER:
RAJAGOPALAN M
AGED 67 YEARS, S/O. KUNHAPPA NAIR,
SREENIKETHAN, ONAPPARAMBU,
CHIRAKKAL P.O., KANNUR, PIN - 670011.
BY ADV P.V.JEEVESH
RESPONDENTS:
1 BANK OF INDIA
REPRESENTED BY THE AUTHORISED OFFICER,
KANNANKERI ESTATE, SHANMUGAN ROAD,
ERNAKULAM, PIN - 682031.
2 SREEDEVI MOHAN
W/O MOHANAN, 54/1436 9A,
OAKWOOD SKYLINE, KADAVANTHARA,
ERNAKULAM, PIN - 682020.
3 AUGUSTINE CHANDY
VALLAMKOTTU HOUSE, PEDIKATTU MURI,
PONGUMOODU, MEDICAL COLLEGE P.O.,
THIRUVANATHAPURAM, PIN - 695011.
4 KUNJUNNI MOHANAN
54/1436 9A, OAKWOOD SKYLINE,
KADAVANTHARA, ERNAKULAM, PIN - 682020.
BY ADVS.
ANEESH K.M
K.SANTHOSH KUMAR (KALIYANAM)
ADARSH KUMAR
SHASHANK DEVAN
DILEEP CHANDRAN
W.P.(C)No.42687 of 2022
:2:
BIJU VARGHESE ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.42687 of 2022
:3:
JUDGMENT
Dated this the 28th day of June, 2024 The petitioner has approached this Court when the respondents initiated coercive proceedings in the year 2022. The petitioner sought breathing time to repay the amount in instalments.
2. About two years have lapsed since filing of the writ petition and it cannot be expected that the situation which arose at that point of time continues to subsist even now.
In the facts of the case, the writ petition is dismissed, making it clear that the petitioner will be at liberty to approach this Court again, if situation so warrants.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.42687 of 2022 :4: APPENDIX OF WP(C) 42687/2022 PETITIONER'S EXHIBIT Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 16.11.2022 ISSUED BY THE RESPONDENT