Thomson George vs Central Bank Of India Rep By Its Branch ...
2024 Latest Caselaw 9626 Ker

Kerala High Court

Thomson George vs Central Bank Of India Rep By Its Branch ... 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. 34236 OF 2023
PETITIONERS:

    1    THOMSON GEORGE,
         AGED 57 YEARS,
         S/O GEORGE THOMAS,
         MALAYIL HOUSE,
         OONUKAL P.O.,
         KOTHAMANGALAM,, PIN - 686693
    2    BENSON GEORGE,
         AGED 45 YEARS,
         S/O GEORGE THOMAS,
         MALAYIL HOUSE,
         OONUKAL P.O.,
         KOTHAMANGALAM, PIN - 686693

         BY ADV RAJITHA V.K


RESPONDENT:

         CENTRAL BANK OF INDIA,
         REP BY ITS BRANCH MANAGER
         ERNAKULAM BRANCH,
         KRISHNA HOSPITAL BUILDING,
         M.G ROAD,
         COCHIN, PIN - 682011

         BY ADV.SRI.K.M.ANEESH, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.34236/2023
                                 :2:




                          JUDGMENT

Dated this the 4th day of April, 2024

The writ petition has been filed by the petitioners

seeking the following reliefs:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly instalments for repayment of entire default arrears due to the respondent.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to grant 24 equal monthly instalments for repayment of entire amount due to the respondent.

iii) Issue direction to the respondent to consider Ext.P6 series request letters.

iv) Grant such other reliefs as this Court may deem fit and proper in the facts and circumstances of the case.

v) To dispense with the filing of translation of vernacular documents."

2. When this writ petition came up for admission,

this Court passed an interim order on 20.11.2023 directing

the petitioners to remit an amount of ₹3 lakhs within a

period of one month.

3. The counsel on either side submit that the

petitioners have not paid the amount within the stipulated

time as directed by this Court. The petitioners have

approached this Court seeking to pay the outstanding

amount in instalments. The outstanding loan amount would

come to ₹12,89,482/- (as on 17.11.2023). The petitioners

could not even make a part payment pursuant to the

direction of this Court. In the circumstances, the petitioners

are not entitled to any further relief.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 34236/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BYT THE RESPONDENT TO THE PETITIONER DATED 20.07.2012 Exhibit P2 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONERS DATED 05.11.2021 Exhibit P3 THE TRUE COPIES OF BANK STATEMENTS OF LOAN ACCOUNT NOS. 2987856204, 3793239501 AND 3198213998 Exhibit P4 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENTS NO. AGM/EKM/2023-24/47 DATED 22.06.2023 UNDER RULE 8(1) OF SARFAESI ACT, 2002 Exhibit P5 TRUE COPY OF THE REPLY LETTER OF THE PETITIONERS TO EXHIBIT P4 NOTICE DATED 19/7/23 Exhibit P6 THE TRUE COPY OF THE REQUEST LETTERS OF THIS PETITIONER DATED 19.08.2021, 30.05.2021 AND 18.08.2023 Annexure A1 THE TRUE COPY OF THE MEDICAL CERTIFICATE.