Kerala High Court
Benny Jose vs City Union Bank Ltd on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 21223 OF 2021
PETITIONER:
BENNY JOSE
AGED 53 YEARS
S/O. JOSEPH S.P., SRAMBIKKAL HOUSE,
KUNNIPPILLISSERY PULIYANAM PO, NEAR ST. ANTONY
CHURCH ELAVOOR, ANGAMALY 683 572.
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
RESPONDENTS:
1 CITY UNION BANK LTD.
ERNAKULAM BRANCH NO.61/181 A1 GROUND FLOOR,
CHAKIAT ESTATE, CHURCH LANDING ROAD, NEAR
PALLIMUKKU JUNCTION, ERNAKULAM REPRESENTED BY
BRANCH MANAGER.
2 THE CHIEF MANAGER & AUTHORISED OFFICER
CITY UNION BANK LTD. ADMINISTRATIVE OFFICE,
NO.24-B, GANDHI NAGAR, KUMBAKONAM 612 001.
OTHER PRESENT:
SRI.P.SREEHARI,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 21223 OF 2021
2
BECHU KURIAN THOMAS, J
................................................
W.P.(C) NO. 21223 OF 2021
...........................................
Dated this the 6th day of october, 2021
JUDGMENT
Petitioner had preferred
WP(C)No.15866 of 2019 and by Ext.P1
judgment this Court, as a measure of
indulgence granted a facility for
instalment payment to the petitioner
as requested by the petitioner
himself.
2. It is submitted on behalf of
the respondent Bank that the condition
stipulated in Ext.P1 was not complied
WP(C) NO. 21223 OF 2021
with, and subsequently he preferred
another writ petition as
W.P.C)No.10595 of 2021. In the
meantime Ext.P3 notice was issued by
the Adv.Commissioner seeking to take
possession of the property. The said
notice is stated to be the cause of
action for moving the present writ
petition.
3. Adv.P.Sreehari- the learned
counsel for the respondents submitted
that the petitioner is liable to pay
an amount of Rs.28,18,978.81/- as of
now and that there are no bonafides in
this writ petition. However he submits
that notwithstanding the non-
WP(C) NO. 21223 OF 2021
maintainability of this writ petition,
as a last chance, if the petitioner is
able to deposit an amount of
Rs.10,00,000/- within a period of 30
days from today, the Bank is willing
to defer taking possession of the
property and to grant a facility for
instalment payment.
4. Having regard to the
contentions raised as above, I am of
the view that though this writ
petition is not maintainable, since
the respondents are willing to provide
the petitioner a last chance to save
him from being dispossessed, from his
WP(C) NO. 21223 OF 2021
property, this writ petition is not
being dismissed.
5. Accordingly there will a
direction to the petitioner to deposit
an amount of Rs.10,00,000/- on or
before 30/10/2021. If the said amount
is not deposited the Bank is free to
proceed pursuant to Ext.P3 notice and
initiate all actions in accordance
with law. If on the other hand the
petitioner deposits the said amount,
the Bank shall consider granting a
reasonable facility of instalments. I
make it clear that, under no
circumstances will any further
opportunity be granted to the
WP(C) NO. 21223 OF 2021
petitioner if there is a failure to
deposit as directed, by means of any
extension of time or under any
nomenclature any application be filed.
This writ petition is disposed
of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 21223 OF 2021
APPENDIX OF WP(C) 21223/2021
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF JUDGEMENT DATED 13.6.2019
PASSED BY THIS HON'BLE COURT IN WPC
15866/2019.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
4.5.2021 PASSED BY THIS HON'BLE COURT
IN WPC 10595/2021.
Exhibit P3 TRUE COPY OF POSSESSION NOTICE DATED
28.9.2021 ISSUED BY THE ADVOCATE
COMMISSIONER.
RESPONDENT'S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
