Bushara Azeez vs The Kerala State Co-Operative ...
2023 Latest Caselaw 3860 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          WP(C) NO. 6391 OF 2022
PETITIONER:

              BUSHARA AZEEZ
              AGED 43 YEARS
              W/O.ABDUL AZEEZ, PIRAMBILLYKUDIHOUSE, CHELAKULAM KARA,
              PATTIMATTOM VILLAGE, VENGOLA.P.O, KUNNATHUNADU TALUK,
              ERNAKULAM-683554.

              BY ADV SIRAJ KAROLY


RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE BANK LTD.
              PATTIMATTOM BRANCH, ERNAKULAM DISTRICT,(ERSTWHILE
              ERNAKULAM DISTRICT CO-OPERATIVE BANK), REPRESENTED BY ITS
              BRANCH MANAGER, P.O.PATTIMATTOM-683562.
     2        AUTHORISED OFFICER,
              KERALA STATE CO-OPERATIVE BANK LTD, PERUMBAVOOR MAIN
              BRANCH, BUILDING NO.XXI/797, YATHRINIVAS SHOPPING
              COMPLEX,A M ROAD, PERUMBAVOOR, ERNAKULAM-683542.
     3        THE MANAGING DIRECTOR
              KERALA STATE CO OPERATIVE BANK LTD, PB NO.6515, CO BANK
              TOWERS, PALAYAM, THIRUVANANTHAPURAM-695033.

              BY ADV N.RAGHURAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6391 OF 2022

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                        W.P.(C) No.6391 of 2022
                     --------------------------------------------
                Dated this the 30th day of March, 2023

                                JUDGMENT

The petitioner had approached this court on two occasions

earlier and this Court had granted permission to make payments in

instalments. The petitioner had not complied with the said directions.

It is thereafter on the basis of the judgment in W.P.(C) No.5897 of

2019, that the respondents sought to continue with the proceedings

by issuance of Ext.P1 notice under Section 13(2). The petitioner has

again come up before this Court seeking instalments. The petitioner

is not entitled to any orders, particularly since even the filing of the

earlier writ petitions and the judgments have not been revealed in the

present writ petition.

This writ petition is dismissed without prejudice to the rights of

the petitioner to contest the claim made in Ext.P1 in accordance with

law.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 6391 OF 2022

APPENDIX OF WP(C) 6391/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 18.12.2020 UNDER SECTION 13(2)OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002.