Mini A vs The Authorized Officer
2024 Latest Caselaw 10885 Ker

Kerala High Court

Mini A vs The Authorized Officer on 12 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                WP(C) NO. 12131 OF 2024
PETITIONER:

         MINI A
         AGED 51 YEARS
         KOPPARA VADAKKATHIL,
         PRIYADARSHINI NAGAR 104,
         KILLIKOLLOOR P O ,
         KOLLAM, PIN - 691004.

         BY ADVS.
         SAGITH KUMAR V.
         C.B.SREEKUMAR
         DEVAPRIYA S.
         SAJJU V.


RESPONDENTS:

    1    THE AUTHORIZED OFFICER
         UNION BANK OF INDIA
         KOLLAM MAIN BRANCH, FATHIMA BUILDING,
         PB NO. 182, BEACH ROAD
         KOLLAM, PIN - 691001.

    2    THE BRANCH MANAGER
         UNION BANK OF INDIA
         KOLLAM MAIN BRANCH, FATHIMA BUILDING,
         PB NO. 182, BEACH ROAD
         KOLLAM, PIN - 691001.

         BY ADVS.
         ASP.KURUP
         SADCHITH.P.KURUP
         C.P.ANIL RAJ
         SIVA SURESH
         B.SREEDEVI
         ATHIRA VIJAYAN
 W.P.(C)No.12131 of 2024

                          :2:


     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.12131 of 2024

                                  :3:




                         JUDGMENT

Dated this the 12th day of April, 2024

The petitioner is before this Court seeking the following

reliefs:-

"i) To issue a writ of mandamus or such other writ, order or direction against the respondents from taking further action on Ext.P13 till the disposal of this writ petition.

ii) To issue a writ of mandamus or such other writ, order or direction against the respondents to produce the statement of accounts regarding the entire loan transactions of the petitioner.

iii) This Hon'ble Court may initiate contempt proceedings against the 2nd respondent.

iv) To grant such other reliefs which to the petitioner may seek from time to time and this Hon'ble Court may deem fit to be granted to the circumstances.

v) Dispense with filing of the translation of vernacular documents."

2. It is evident from the pleadings that the petitioner

had earlier approached this Court filing W.P.(C) No.1398 of

2024. This Court disposed of the writ petition with the

following directions:-

"11. The writ petition is therefore disposed of with the following directions:

(i) The petitioner shall remit ₹2 lakhs on or before 31.01.2024 and the balance overdue amount in 10 consecutive and equal monthly instalments thereafter along with accruing interest and other Bank charges, if any.

(ii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

(iii) The petitioner shall also pay current EMIs along with the aforesaid payments.

(iv) If the petitioner makes payments as directed above, coercive proceedings, if any, against the petitioner shall stand deferred."

3. It appears that the petitioner has defaulted in

making certain instalments as directed by this Court in Ext.P9

judgment.

4. The petitioner submits that the petitioner has

subsequently remitted the amount and made the payments

up-to-date.

5. Standing Counsel representing the Bank submits

that if the petitioner continues to make payments as directed

in Ext.P9 judgment, the respondents will not take any

coercive proceedings.

6. In view of the statements as made above, no

further orders are necessary in this writ petition. The

respondents shall treat the payments made by the petitioner

hitherto as in compliance of the directions in Ext.P9

judgment.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 12131/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SECTION 13(2) DEMAND NOTICE DATED 14/11/2022. Exhibit P2 THE TRUE COPY OF SECTION 13(4) NOTICE DATED 03/02/2023.

Exhibit P3 TRUE PHOTO COPY OF THE SALE NOTICE OF THE 1ST RESPONDENT DATED 15-06-2023. Exhibit P4 TRUE COPY OF THE ORDER IN WP(C) NO.

24429 OF 2023 DATED 02/08/2023. Exhibit P5 TRUE COPY OF THE LETTER Exhibit P6 TRUE COPY OF THE REPLY DATED 24/08/2023.

Exhibit P7 TRUE COPY OF THE DISCHARGE SUMMARY. Exhibit P8 TRUE COPY OF THE SALE NOTICE DATED 21/12/2023.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C).

NO.1398 OF 2024 DATED 24.01.2024. Exhibit P10 TRUE COPY OF THE RECEIPT DATED 31/01/2024.

Exhibit P11 TRUE COPY OF THE REPRESENTATION. Exhibit P12 TRUE COPY OF THE COMMUNICATION FROM 2ND RESPONDENT DATED 14/02/2024.

Exhibit P13       TRUE COPY OF THE NOTICE ISSUED BY
                  ADVOCATES    COMMISSIONER    DATED
                  15/02/2024.