Juby T C vs The Joint Registrar Of Co ...
2023 Latest Caselaw 749 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                          THE HONOURABLE MR. JUSTICE GOPINATH P.

              THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

                                 WP(C) NO. 42580 OF 2022

PETITIONER:

                  JUBY T C,
                  AGED 43 YEARS
                  THADATHIL HOUSE,
                  VELIYANAD P O,
                  ERNAKULAM DISTRICT,, PIN - 682313
                  BY ADVS.
                  V.PREMCHAND
                  SURYA MOHAN P.
                  FATHIMA SHALU S.


RESPONDENTS:

       1          THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES(GENERAL),
                  ERNAKULAM DISTRICT,, PIN - 692019
       2          PEOPLE'S URBAN CO OPERATIVE BANK LTD NO 51,
                  P B NO 1,HEAD OFFICE, THRIPUNITHURA,
                  ERNAKULAM DISTRICT, PIN-682301,
                  REPRESENTED BY THE CHIEF EXECUTIVE OFFICER.
                  , PIN - 682301
       3          THE CHIEF EXECUTIVE OFFICER.
                  PEOPLE'S URBAN CO OPERATIVE BANK LTD NO 51,
                  P B NO 1,HEAD OFFICE, THRIPUNITHURA,
                  ERNAKULAM DISTRICT,
                  , PIN - 682301
                  BY ADV Devaprasanth P.J

THIS       WRIT    PETITION    (CIVIL)   HAVING       COME   UP   FOR   ADMISSION   ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 42580 of 2022
                                   ..2..




                             JUDGMENT

This writ petition has been filed challenging the

proceedings initiated against the petitioner under the

provisions of the SARFAESI Act to recover amounts due

under a loan availed by the petitioner.

2. When this matter came up for consideration on an

earlier occasion, the learned counsel appearing for the

respondent bank pointed out that the petitioner had earlier

approached this court through W.P.(C) No. 33383/2019, and

the same was dismissed finding that the petitioner had

failed to comply with the conditions imposed while granting

the interim order. It is submitted that the present writ

petition had been filed without even disclosing the filing of

the earlier writ petition. It is pointed out that the present

writ petition is, therefore, not maintainable.

3. The learned counsel appearing for the petitioner

sought time to get instructions in the matter. It was

submitted that the filing of the earlier writ petition was not

disclosed to the counsel for the petitioner. W.P. (C) No. 42580 of 2022 ..3..

Today, when the matter is taken up for consideration, it

is not disputed before me by the learned counsel appearing

for the petitioner that the petitioner had earlier approached

this court by filing W.P. (C) No. 33383/2019. Having regard

to the aforesaid fact, I am of the view that the present writ

petition is not maintainable. It is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 42580 of 2022 ..4..

APPENDIX OF WP(C) 42580/2022

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 01-12-

2020 ISSUED BY MALANKARA ORTHODOX SYRIYAN CHURCH MEDICAL COLLEGE HOSPITAL, KOLENCHERY Exhibit-P2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 14-05-

2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE, ERNAKULAM Exhibit-P3 A TRUE COPY OF THE NOTICE DATED 16-02-2022 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit-P4 A TRUE COPY OF THE NOTICE DATED 07-12-2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE