Kerala High Court
Santhosh vs The Kerala State Cooperative Bank 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. 7932 OF 2024
PETITIONER:
SANTHOSH
AGED 53 YEARS
S/O. SUBRAN, UMALAPARAMBIL HOUSE,
MANDIRAPPILLY DESOM, MATTATHUR VILLAGE,
CHALAKKUDY TALUK, THRISSUR, PIN - 680684
BY ADVS.
SAIJO HASSAN
NITIN S.
RESPONDENTS:
1 THE KERALA STATE COOPERATIVE BANK
KODALY BRANCH, 811/8, THANDASSERY BUILDING
ALTHARA JUNCTION, KODALY P.O, PADY THRISSUR
REPRESENTED BY ITS BRANCH MANAGER, PIN - 680699
2 THE AUTHORISED OFFICER
THE KERALA STATE COOPERATIVE BANK LTD,
SAHAKARANA SATHABDHI MANDIRAM TUDA ROAD,
KOVILAKATHUMPADAM P.O, THIRUVAMBADI,
THRISSUR, PIN - 680022
SRI.P.C. SASIDHARAN
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.7932 of 2024
2
JUDGMENT
Dated this the 4th day of April, 2024
The writ petition has been filed by the petitioner seeking
the following reliefs:
(i) Issue a writ of mandamus or any other
appropriate writ, direction or order, directing the
respondent to give 3 months time for the
repayment of the entire loan amount.
(ii) Issue a writ of mandamus or any other
appropriate writ, direction or order, directing the
respondent to stay all the further proceedings
initiated under Ext.P2 notice.
(iii) This Hon'ble Court may be pleased to dispense
with filing of the English translation of vernacular
documents as per order.
(iv) To issue such other reliefs as this Hon'ble
Court may deem fit and proper in the
circumstances of this case.
2. When the writ petition came up for admission, this
Court passed an interim order on 06.03.2024 directing that if
the petitioner remits an amount of ₹25 lakhs on or before
27.03.2024, further coercive proceedings against the petitioner
shall stand deferred till 04.04.2024.
3. Counsel on either side submit that the petitioner has
not paid the said amount as directed by this Court.
4. Standing Counsel representing the respondents
submits that the total outstanding amount payable by the
petitioner as on date is ₹73,19,220/-. The Standing Counsel
further submitted that the wife of the petitioner had earlier
approached this Court filing W.P.(C) No.5862/2022 and this
Court had granted instalment facility. The petitioner did not
stick to the time schedule prescribed by this Court in the earlier
judgment.
5. The petitioner in the writ petition has sought three
months' time for repayment of the entire loan amount. The
petitioner has not paid ₹25 lakhs which is approximately 1/3rd
of the amount within the time stipulated by this Court.
In view of the above, I am of the view that the petitioner is
not entitled to any further relief. The writ petition is therefore
dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 7932/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE
CHIEF JUDICIAL MAGISTRATE, COURT
THRISSUR IN M.C 834/2022 DATED
12.12.2022 APPOINTING THE ADVOCATE
COMMISSIONER
Exhibit P2 TRUE COPY OF THE POSSESSION NOTICE
DATED 3.02.2023 ISSUED BY THE ADVOCATE
COMMISSIONER TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE HIGH COURT DATED
21.02.2023 IN W.P.(C) NO. 5862/2022
Exhibit P4 TRUE COPY OF THE RECEIPT OF PAYMENT OF
RS. 50,000/- ISSUED BY THE RESPONDENT
DATED 10.07.2023
Exhibit P4A TRUE COPY OF THE RECEIPT OF PAYMENT OF
RS. 2,00,000/- ISSUED BY THE RESPONDENT
DATED 19.12.2023
Exhibit P5 TRUE COPY OF THE INVITATION LETTER OF
THE MARRIAGE OF THE DAUGHTER OF THE
PETITIONER
