Kerala High Court
Sumayya.C.P vs Taliparamba Co-Operativeurban 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. 6761 OF 2023
PETITIONER:
SUMAYYA.C.P
AGED 37 YEARS, D/O MAMMAD,
DARUL MARVAA HOUSE, PANNIITHADAM,
PERUNNASSERI, KOYYAM.P.O,
KANNUR., PIN - 670142.
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
ANAND V.S
RESPONDENTS:
1 TALIPARAMBA CO-OPERATIVEURBAN BANK LTD
TALIPARAMBA P.O, KANNUR, REPRESENTED BY
GENERAL MANAGER, PIN - 670141.
2 AUTHORISED OFFICER UNDER SARFAESI ACT
TALIPARAMBA CO-OPERATIVE URBAN BANK LTD,
TALIPARAMBA BRANCH, TALIPARAMBA P.O,
KANNUR, PIN - 670141.
BY ADVS.
CHRISTINE MATHEW
T.C.SIBI
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.6761 of 2023
:2:
JUDGMENT
Dated this the 28th day of June, 2024 The petitioner has approached this Court seeking the following reliefs:-
"i) This Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing respondents to regularize the loan of the petitioner.
ii) This Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing Respondents to give 20 equal monthly instalment facility to the petitioner to pay off the overdue.
iii) This Hon'ble Court may be pleased to exempt the Petitioners from producing translation of vernacular documents produced herewith as Exhibits."
2. When the writ petition came up for hearing on 20.02.2023, this Court passed an interim order directing the petitioner to remit an amount of ₹3 lakhs and dispossession was stayed for a period of six weeks. W.P.(C)No.6761 of 2023 :3:
3. Subsequently, on 29.05.2024, this Court extended the interim order on condition that the petitioner shall remit a further amount of ₹2 lakhs within a period of one month.
4. Standing Counsel representing the Bank submits that the petitioner has not paid any amount pursuant to the afore directions of this Court.
5. The petitioner has approached this Court seeking to regularise the loan in 20 equal monthly instalments. The petitioner has not made two remittances as directed by this Court. In the circumstances, the petitioner is not entitled to any further discretionary reliefs from this Court.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.6761 of 2023 :4: APPENDIX OF WP(C) 6761/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 4./10/2021 ISSUED BY RESPONDENT NO. 2 TO PETITIONER Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 30/8/202