Shifa vs Guruvayur Co-Operative Urban Bank Ltd
2024 Latest Caselaw 9577 Ker

Kerala High Court

Shifa vs Guruvayur Co-Operative Urban Bank Ltd on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                          WP(C) NO. 6931 OF 2024
PETITIONERS:

     1        SHIFA
              AGED 39 YEARS
              W/O MOINYDEEN,
              RAIMAKKARA HOUSE, KANDANASSERY P.O.,
              CHOVVALLUR, KANDANASSERY
              THRISSUR, PIN - 680102
     2        ABDU MOINYDEEN
              AGED 51 YEARS
              S/O ABDU,
              RAIMAKKARA HOUSE KANDANASSERY P.O.,
              CHOVVALLUR, KANDANASSERY THRISSUR,
              PIN - 680102

              BY ADVS.
              KEERTHI M.
              ARJUN RAJA P.C.


RESPONDENTS:

     1        GURUVAYUR CO-OPERATIVE URBAN BANK LTD
              REPRESENTED BY AUTHORISED OFFICER
              GURUVAYUR, PIN - 680101
     2        GURUVAYUR CO-OPERATIVE URBAN BANK LTD
              HEAD OFFICE BRANCH REPRESENTED BY MANAGER NO. F 1652
              GURUVAYUR, PIN - 680101

             BY ADVS.
             T.R.HARIKUMAR
             ARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.6931 Of 2024
                                 2




                           JUDGMENT

Dated this the 4th day of April, 2024

The petitioner, who has availed a financial advance from

the 1st respondent-Bank and against whom the 1st respondent

initiated proceedings invoking provisions of the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002, has filed this writ petition seeking

to direct the respondent-Bank to regularise the loan account

or in the alternative close the same and allow the petitioner to

repay the due in instalments.

2. Standing Counsel representing the Bank submits

that the total outstanding payable by the petitioner is more

than `52 lakhs.

3. When this writ petition came up for admission on

26.02.2024, this Court passed an interim order directing the WP(C) No.6931 Of 2024

petitioner to pay an amount of `5 lakhs on or before

20.03.2024.

4. When this writ petition came up today, counsel on

either side submitted that the said amount was not paid by the

petitioner as directed by this Court.

5. The petitioner has approached this Court to pay

the outstanding amount in instalments. The petitioner could

not pay even a part payment within the time stipulated by this

Court.

In the circumstances, I find no reason to grant any

further relief to the petitioner. The writ petition is therefore

dismissed.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.6931 Of 2024

APPENDIX OF WP(C) 6931/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE PASS BOOK ISSUED BY RESPONDENT BANK Exhibit P2 TRUE COPY OF THE NOTICE DATED 09/02/2024 ISSUED BY THE ADVOCATE COM- MISSIONER IN CRL. M.P NO. 479/2024 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, GURUVAYUR