A.V. Lukose vs Anickad Regional Farmers Service ...
2023 Latest Caselaw 7455 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
                        WP(C) NO. 11764 OF 2023
PETITIONER/S:

          A.V. LUKOSE,
          AGED 69 YEARS
          S/O VARKEY, ALAKKAL HOUSE,
          ARUVIKUZHY PO, KOTTAYAM, PIN - 686503
          BY ADVS.
          P.SIVARAJ
          M.MEHAR FARSANA


RESPONDENT/S:

    1     ANICKAD REGIONAL FARMERS SERVICE
          CO-OPERATIVE BANK LTD
          NO.3867 ANICKAD, KOTTAYAM, PIN - 686503
          REPRESENTED BY ITS MANAGING DIRECTOR.
    2     MANAGING DIRECTOR
          ANICKAD REGIONAL FARMERS SERVICE
          CO- OPERATIVE BANK LTD NO.3867
          ANICKAD, KOTTAYAM, PIN - 686503
    3     SPECIAL SALE OFFICER
          KCOROPPADA SCB GROUP,
          OFFICE OF THE ASST. REGISTRAR OF
          CO-OPERATIVE SOCIETIES (G)
          KOTTAYAM, PIN - 686502
          BY ADVS.
          Shaji Thomas
          MOHAN PULIKKAL(K/64A/1985)
          JEN JAISON(K/000208/2017)
          SMT.C.S.SHEEJA, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.11764 of 2023

                                      2




                              JUDGMENT

The petitioner has approached this Court challenging

the proceedings initiated by the respondent bank to recover

amounts due under the credit facilities availed by the petitioner.

2. When this matter is taken up for consideration

today, it is the submission of the learned counsel appearing for

the respondent bank that despite several opportunities being

granted by this Court, the amounts directed to be paid as a

condition for interim order have not been paid so far. It is

submitted that there is absolutely no merit in the contentions

taken in the writ petition and the respondent bank may be

permitted to proceed in the matter in accordance with the law.

3. Though the learned counsel for the petitioner

would vehemently contend that the petitioner is not a

recalcitrant defaulter and that if sufficient opportunity is

granted, he will be in a position to clear the liability, I am of the

view that the petitioner has not made out any case warranting

the exercise of jurisdiction under Article 226 of the Constitution

of India. The respondent bank has obtained awards determining WPC No.11764 of 2023

the amounts payable by the petitioner. These awards have been

put to execution and the property of the petitioner has been

brought to sale. There is absolutely no infirmity pointed out with

regard to the proceedings initiated by the respondent bank. In

such circumstances, the only relief that can be granted to the

petitioner is that he can be permitted to clear the liability in

some instalments. Since the petitioner has not proved his

bonafides, I am of the view that the petitioner is not even entitled

to such relief.

This writ petition fails and it is, accordingly, dismissed.

Sd/-

GOPINATH P., JUDGE rkj WPC No.11764 of 2023

APPENDIX OF WP(C) 11764/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AUCTION NOTICE ISSUED ON 23.02.2023 IN FILE NO.1023/2018 Exhibit P2 TRUE COPY OF AUCTION NOTICE ISSUED ON 23.02.2023 IN FILE NO. 1024/2018