Abdul Latheef vs Perithalmanna Service Co-Operative ...

Kerala High Court

Abdul Latheef vs Perithalmanna Service Co-Operative ... on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
       THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          WP(C) NO. 1773 OF 2024
PETITIONER:

              ABDUL LATHEEF
              AGED 45 YEARS
              S/O MUHAMMAD PULIKKADAN, VATTAPARAMB,
              ALIPARAMB, MALAPPURAM,KERALA.,
              PIN - 679357

              BY ADVS.
              THASNIMOL T.S.
              SHIJI P.S.


RESPONDENT:

              PERITHALMANNA SERVICE CO-OPERATIVE BANK
              REPRESENTED BY, AUTHORIZED OFFICER.
              P B NO.14, OOTY ROAD, PERINTHALMANNA,
               MALAPPURAM DISTRICT., PIN - 679322


              BY ADV M.KRISHNAKUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.1773 Of 2024
                               2




                         JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner, who has availed a Mortgage Loan of ₹10 lakhs from the Perinthalmanna Service Co-operative Bank in the year 2016 and against whom the Bank has filed ARC 205/2018, has filed this writ petition seeking to direct the respondent to permit the petitioner to clear the liability with respect to the working business loan in 50 instalments.

2. The total outstanding amount payable by the petitioner would be more than ₹15 lakhs.

3. When this writ petition came up for admission on 23.01.2024, this Court passed an interim order staying further proceedings pursuant to Ext.P1 for a period of one month on condition that the petitioner remits an amount of ₹2 lakhs within a period of one month. The petitioner has not paid even WP(C) No.1773 Of 2024 3 a part of the amount directed to be paid in spite of expiry of more than four months.

4. The writ petition is filed seeking permission to repay the amount in instalments. The petitioner has not paid the instalments as directed by this Court.

In the facts of the case, the petitioner is not entitled to any further relief. The writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.1773 Of 2024 4 APPENDIX OF WP(C) 1773/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 07.07.2023. ISSUED BY THE RESPONDENT BANK