Kurian T. Parayil vs The Union Bank Of India
2023 Latest Caselaw 11458 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                     WP(C) NO. 36587 OF 2023
PETITIONER:

         KURIAN T. PARAYIL
         AGED 36 YEARS,S/O THOMAS P. KURIAKOSE,
         PARAYIL HOUSE, PERUMBAIKADU P.O,
         KOTTAYAM DISTRICT, PIN - 686 016.

         BY ADVS.
              MANU RAMACHANDRAN
              SAMEER M NAIR
              M.KIRANLAL
              R.RAJESH (VARKALA)
              K.VIVEK SOMAN
              SAILAKSHMI MENON


RESPONDENTS:

    1    THE UNION BANK OF INDIA
         KOTTAYAM BRANCH, (ERST-WHILE ANDHARA BANK),
         K.K ROAD, KOTTAYAM DISTRICT
         REPRESENTED BY ITS MANAGER, PIN - 686 016.

    2    THE CHIEF MANAGER & AUTHORISED OFFICER
         UNION BANK OF INDIA, REGIONAL OFFICE, IIIRD FLOOR,
         AMALA TOWERS, ADICHIRA JUNCTION,
         KOTTAYAM DISTRICT, PIN - 686 630.

         BY ADVS.
              ASP.KURUP
              SADCHITH.P.KURUP(K/1419/2002)
              C.P.ANIL RAJ(K/872/2007)
              SIVA SURESH(K/2688/2022)
              RESHMA RAJ(K/1150/2021)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING
 W.P.(C) No.36587 of 2023
                               :2:




                           JUDGMENT

Dated this the 8th day of November, 2023

The writ petition was filed by the petitioner, who has

availed financial advance from the 1st respondent-Bank, seeking

to direct respondents 1 and 2 to permit time to pay the arrears of

loans covered by Exts.P1 to P3 in easy instalments in a manner

fixed by this Court.

2. When this writ petition came up for hearing today, the

Counsel for the petitioner submitted that the petitioner has

already approached the Debt Recovery Tribunal-II, Ernakulam

for reliefs against the 1st respondent-Bank and the writ petition

may be closed granting liberty to the petitioner to prosecute the

said application before the Debt Recovery Tribunal-II.

Granting such liberty, the writ petition is closed.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.36587 of 2023

APPENDIX OF WP(C) 36587/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 30.04.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED 22.07.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 07.11.2022 ISSUED TO THE PETITIONER FROM THE 2ND RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 25.11.2022 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER'S FATHER.

Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 13.12.2022 OF THIS HON'BLE COURT IN W.P(C) NO.39842/2022.