Brijesh T.P vs The Perinthalmanna Urban ...
2023 Latest Caselaw 8868 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                      WP(C) NO. 12555 OF 2023
PETITIONER:

          BRIJESH T.P.,
          AGED 37 YEARS
          S/O. RAJENDRAN T.P., THURAKKATTU POTTAMMAL HOUSE,
          AZHINJILLAM P.O., VAZHAYOOR,
          MALAPPURAM DISTRICT-673632

          BY ADV K.RAKESH


RESPONDENT:

          THE PERINTHALMANNA URBAN CO-OPERATIVE BANK LTD.,
          NO.1758, HEAD OFFICE, PERINTHALMANNA, MALAPPURAM
          DISTRICT, PIN - 679 322, REPRESENTED BY ITS
          AUTHORISED OFFICER

          BY ADVS.     ANIRUDH KADAVIL
                       K.V.ANIL(K/000230/1980)
                       M.J.RAJASREE(K/330/1994)

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.12555/2023

                                    -:2:-




                   Dated this the 14th day of August, 2023

                           JUDGMENT

The writ petition is filed to direct the respondent

to permit the petitioner to pay the overdue amount in

equated monthly instalments and regularise the loan

account.

2. When the writ petition came up for

consideration on 10.04.2023, this Court stayed further

recovery proceedings, subject to the condition that the

petitioner deposits an amount of Rs.10,00,000/- within

a month.

3. Heard; Sri. K.Rakesh, the learned counsel

appearing for the petitioner and Smt.M.J.Rajasree, the

learned counsel appearing for the respondent.

4. Smt.M.J.Rajasree, on instructions, submitted

that the petitioner has not complied with the conditions

in the above dated order.

W.P.(C)No.12555/2023

5. The Hon'ble Supreme Court in South Indian

Bank Ltd vs. Naveen Mathew Philip [2023 LiveLaw

(SC) 320], after adverting to a myriad of earlier judicial

pronouncements rendered under the Securitization

and Reconstruction of Financial Assets and

Enforcement of Security Interest Act,2002 (in short,

'Act') has categorically declared that High Courts shall

not, unless in extra ordinary circumstances, interfere

with proceedings initiated under the Act, in writ

proceedings under Article 226 of the Constitution of

India.

6. Having considered the pleadings and

materials on record and taking note of the fact the

petitioner has not complied with the interim order

dated 10.04.2023 passed by this Court, I am not

inclined to entertain the writ petition by exercising the

plenary powers of this Court under Article 226 of the

Constitution of India. Nonetheless, it will be up to the W.P.(C)No.12555/2023

petitioner to work out his statutory remedies.

Resultantly, the writ petition is dismissed, without

prejudice to the right of the petitioner to work out his

remedies, in accordance with law.

Sd/-

                                     C.S.DIAS,JUDGE

DST/14.08.23                                       //True copy//

                                                   P.A.To Judge
 W.P.(C)No.12555/2023






                              APPENDIX




PETITIONER EXHIBITS
EXHIBIT P1          A TRUE COPY OF THE POSSESSION NOTICE DATED

6-4-2022 ISSUED BY THE RESPONDENT

EXHIBIT P2 TRUE COPY OF THE NOTICE OF INSPECTION ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE LEARNED C.J.M, MANJERI IN C.M.P.NO.3793/2022

RESPONDENT'S EXHIBITS: NIL