Vaishyakan K vs Authorised Officer, Palakkad ...

Kerala High Court

Vaishyakan K vs Authorised Officer, Palakkad ... on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                WP(C) NO. 13241 OF 2024
PETITIONERS:

    1    VAISHYAKAN K.
         AGED 38 YEARS
         24/204, KRISHNA NIVAS,CHIRAKKAD,
         KOPPAM VILLAGE, PALAKKAD - 678013.

    2    VIVEK K.
         AGED 34 YEARS
         24/204, KRISHNA NIVAS, CHIRAKKAD,
         KOPPAM VILLAGE, PALAKKAD - 678013.

         BY ADVS.
         N.MANU THAMPI
         ABHILASH S.FRANCIS


RESPONDENTS:

   1     AUTHORISED OFFICER,
         PALAKKAD CO-OPERATIVE URBAN BANK LTD.
         NO. F-997, COURT ROAD,
         PALAKKAD DISTRICT., PIN - 678001.

   2     MANAGER/SECREATRY,
         PALAKKAD CO-OPERATIVE URBAN BANK LTD.
         NO.F-997,KALMANDAPAM BRANCH,
         SOORYA COMPLEX, KALMANDAPAM,
         PALAKKAD, PIN - 678013.


     THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.13241 of 2024
                               :2:




                       JUDGMENT

Dated this the 21st day of May, 2024 The writ petition was filed by the petitioners seeking to direct the respondents to permit the petitioners to discharge liability in 50 equal monthly instalments.

2. When the writ petition came up for admission on 02.04.2024, this Court issued urgent notice on admission by speed post to the respondents and passed an interim order staying further proceedings pursuant to Exts.P2 and P3 till 21.05.2024 on condition that the petitioners shall remit an amount of ₹30,000/- on or before 20.04.2024 and a further amount of ₹20,000/- on or before 20.05.2024. It is seen that W.P.(C)No.13241 of 2024 :3: the petitioners have not taken any steps to issue notice to the respondents and the service remains incomplete.

The writ petition is therefore dismissed for non-prosecution.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.13241 of 2024 :4: APPENDIX OF WP(C) 13241/2024 PETITIONERS' EXHIBITS Exhibit-P1 A TRUE COPY OF THE STATEMENT OF THE PETITIONER'S LOAN ACCOUNT FROM 10.05.19 TO 22.03.24.

Exhibit-P2 A TRUE COPY OF THE DEMAND NOTICE NO/SARFAESI- 540/2023-24 MLLT 369 KAL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 20.01.2024. Exhibit-P3 A TRUE COPY OF THE POSSESSION NOTICE NO/SARFAESI- 540/2023-24 MLLT 369 KAL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 22.03.2024.