Joykutty Abraham vs The South Indian Bank Ltd
2024 Latest Caselaw 10653 Ker

Kerala High Court

Joykutty Abraham vs The South Indian Bank Ltd on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 9460 OF 2024
PETITIONER

              JOYKUTTY ABRAHAM,
              AGED 85 YEARS
              S/O ABRAHAM,THONNIPPARACKAL (H),
              ANICKADU P.0, PATHANAMTHITTA,
              PIN - 689585

              BY ADV AJITH M. JIJI


RESPONDENT:

              THE SOUTH INDIAN BANK LTD.,
              REPRESENTED BY THE AUTHORIZED OFFICER,
              REGIONAL OFFICE, 2ND FLOOR,TMJCOMPLES,
              RAMANCHIRA,THIRUVALLA, PIN - 689107

              SMT.S.LAKSHMY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.9460 Of 2024
                                   2




                           JUDGMENT

Dated this the 11th day of April, 2024

When the respondent-Bank initiated proceedings under

the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 for recovery

of financial advance made to the petitioner, the petitioner

approached this Court seeking the following reliefs:-

"i) Issue a writ of mandamus giving direction to the respondent, to pass orders on Ext.P4 on granting 3 Months time to pay the total outstanding amount.

ii) Pass such other orders which are incidental and proper in the interest of justice."

2. When this writ petition came up for admission on

07.03.2024, this Court passed an interim order to the

following effect:-

"There will be an interim order directing that if the petitioner remits an amount of ₹5 lakhs on or before 20.03.2024 and a further amount of ₹2.5 lakhs on or before 27.03.2024, coercive proceedings shall stand deferred till the next posting date."

WP(C) No.9460 Of 2024

3. Standing Counsel representing the Bank submits

that the petitioner has not made any payment as directed in

the interim order dated 07.03.2024.

4. The petitioner has approached this Court seeking

time to pay the total outstanding amount. The petitioner has

not remitted even a part of the said amount as directed by

this Court.

In the circumstances, the petitioner is not entitled to

any further relief. The writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.9460 Of 2024

APPENDIX OF WP(C) 9460/2024

PETITIONER EXHIBITS

Exhibit -P1 TRUE COPY OF THE SAID POSSESSION NOTICE DATED 11.09.2023 ISSUED ON THE PETITIONER BY THE RESPONDENT BANK Exhibit -P2 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT DATED 26.10.2023 IN WP(C)

Exhibit -P3 TRUE COPY OF NOTICE DATED 20.11.2023 ISSUED BY THE ADVOCATE COMMISSIONER Exhibit -P4 TRUE COPY OF THE REQUEST OF LETTER DATED 04-03-2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT