A.B. Mathew vs The Regional Manager, Axis Bank ...
2022 Latest Caselaw 5455 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                     WP(C) NO. 27599 OF 2021
PETITIONERS:

    1     A.B. MATHEW, AGED 49 YEARS
          RESIDING AT AMBALAKATTU HOUSE,
          GRADE COTTAGE, H M T COLONY P O, PALLIANKARA,
          THRIKKAKARA NORTH VILLAGE,
          NEAR SEA PORT AIR PORT ROAD, KOCHI683503.
    2     RINCY MATHEW, AGED 40 YEARS
          W/O A B MATHEW,
          RESIDING AT AMBALAKATTU HOUSE,
          GRADE COTTAGE, H M T COLONY P O,
          PALLIANKARA, THRIKKAKARA NORTH VILLAGE,
          NEAR SEA PORT AIR PORT ROAD, KOCHI683503.
          BY ADVS.
          K.C.ELDHO
          MALLENATHAN.M.


RESPONDENTS:

    1     THE REGIONAL MANAGER, AXIS BANK LTD
          5TH FLOOR, CHICAGO PLAZA,
          RAJAJI ROAD, COCHIN-682035.
    2     THE AUTHORIZED OFFICER, AXIS BANK LIMITED
          RETAIL ASSET CENTRE, 5TH FLOOR, CHICAGO PLAZA,
          RAJAJI ROAD, COCHIN-682035.
          BY ADV P.PAULOCHAN ANTONY



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) 27599/2021
                                                  2



                       BECHU KURIAN THOMAS, J
                     ..............................................
                        W.P.(C) No.27599 of 2021
                        .....................................
                   Dated this the 20 th day of May, 2022

                                     JUDGMENT

Petitioners have approached this Court with the

following reliefs:

a.issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents to provide the petitioners three months period for surrendering the vacant possession of the residential house referred to in Exhibit P8 in the light of Exhibit P7 medical report.

b.issue such other writ, order or direction as this Hon'ble Court may deem fit while considering the peculiar circumstances of the case in the interest of justice.

2. When the writ petition came up for consideration

on 03.12.2021, taking note of the nature of relief

sought for, this Court granted an interim stay of

all further proceedings against the petitioner for a

period of five months. Since the stay granted by WP(C) 27599/2021

this Court was much more than the relief sought

for, and even that five months period have

expired, the writ petition has become infructuous.

3. Accordingly, reserving the liberty of the petitioner

to pursue their statutory remedies, if available,

before the Debts Recovery Tribunal, this writ

petition is dismissed as infructuous.

Sd/-

BECHU KURIAN THOMAS JUDGE

AMV/21/05//2022