Kerala High Court
Baiju.P vs The Kerala State Co-Operative Bank 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. 13430 OF 2024
PETITIONER:
BAIJU.P.
AGED 53 YEARS
S/O PURUSHOTHAMAN, POOMTHOPPU VELI, S.L.PURAM
P.O, KANJIKUZHI, MARARIKKULAM NORTH, ALAPPUZHA
DISTRICT, PIN - 688523.
BY ADV S.R.SREEJITH
RESPONDENT:
THE KERALA STATE CO-OPERATIVE BANK
REGIONAL OFFICE, P.B.NO.104, OPPOSITE MUNICIPAL
TOWN HALL, ALAPPUZHA, REPRESENTED BY IT'S CHIEF
MANAGER, PIN - 688001.
BY ADV THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.13430 OF 2024
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JUDGMENT
Dated this the 28h day of June, 2024 The petitioner, who has availed certain financial advances from the Kerala State Co-operative Bank and against whom the Bank has initiated coercive proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has approached this Court filing the above writ petition seeking to direct the respondent to permit the petitioner to close the entire loan account by granting One Time Settlement facility or instalment facility.
2. When the writ petition came up for admission on 05.04.2024, this Court passed an interim order staying further coercive proceedings pursuant to Ext.P1 for a period of two months on condition that the petitioner remits an amount of ₹2 lakhs within a period of one month.
3. The petitioner did not remit ₹2 lakhs as directed by this Court.
WP(C) NO.13430 OF 2024 :3:
4. The petitioner is before this Court for settlement of loan account through payment in instalments. The petitioner could not pay even ₹2 lakhs within the time stipulated by this Court.
Therefore, the petitioner is not entitled to any further discretionary reliefs from this Court. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO.13430 OF 2024
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APPENDIX OF WP(C) 13430/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 21-02-
2024 ISSUED BY THE ADVOCATE
COMMISSIONER APPOINTED BY THE
HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN M.C. NO.34/2024.