Santhosh Kumar K vs The Branch Manager, Kerala Bank
2023 Latest Caselaw 8487 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
       MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                         WP(C) NO. 13189 OF 2023
PETITIONER/S:

              SANTHOSH KUMAR K
              AGED 54 YEARS
              S/O DAVID K, KOYAPPA HOUSE, CODACAL, CODACAL POST,
              THIRUNAVAYA, MALAPPUAM DISTRICT, PIN - 676108

              BY ADV BINU V V VEETTIL VALAPPIL



RESPONDENT/S:

              THE BRANCH MANAGER, KERALA BANK,
              KARATHUR BRANCH, CODACAL POST, MALAPPURAM DISTRICT.,
              PIN - 676108

              BY ADVS.
              ATHUL SHAJI
              GILBERT GEORGE CORREYA


THIS   WRIT   PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13189/2023                       2

                                  JUDGMENT

The petitioner has approached this Court challenging the

proceedings initiated by the respondent bank under the provisions of the

Kerala Revenue Recovery Act to recover amount due under a loan availed

by the petitioner. When this matter came up for consideration on

12.4.2023, this Court had passed the following interim order:-

"Admit.

Adv. Giblbert George Correya takes notice for respondent. There will be an interim order as prayed for, for a period of three months on condition that the petitioner remits a sum of Rs.1,00,000/- towards the loan liability within a period of one month from today.

Post after vacation."

2. When this matter is taken up for consideration today

(7.8.2023), it is the submission of the learned counsel appearing for the

respondent bank that the interim order has not been complied with even

as on today (7.8.2023).

Taking into consideration the submission made by the learned

counsel for the respondent bank, I am of the view that the petitioner has

not made out any ground for grant relief. In matters like this, the only

relief that can be granted to the petitioner is the relief of repayment of the

liability in some instalments. However, the petitioner has not proved

bonafides by depositing the amount directed to be paid in terms of the

interim order dated 12.4.2023 despite the passage of nearly four months

from the date of the interim order. Therefore, the writ petition fails and it

is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 13189/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER THE PROVISIONS OF THE REVENUE RECOVERY ACT TRUE COPY OF THE DEMAND NOTICE DATED 13/02/2023