Kerala High Court
Gopalakrishnan.T.P vs The Manager, Aadhar Housing Finance ... on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 22410 OF 2024
PETITIONERS:
1 GOPALAKRISHNAN.T.P.,
AGED 64 YEARS
S/O. PAGAN, THOTTINGAL VEEDU, THIRUVADI,
AYYAPPANKUNNU, PUDUCODE, PALAKKAD DISTRICT, PIN -
678687
2 GOPESH.G.,
AGED 57 YEARS
THOTTINGAL VEEDU, THIRUVADI, AYYAPPANKUNNU,
PUDUCODE, PALAKKAD DISTRICT., PIN - 678867
3 PREMA.G.
AGED 50 YEARS
THOTTINGAL VEEDU, THIRUVADI, AYYAPPANKUNNU,
PUDUCODE, PALAKKAD DISTRICT, PIN - 678687
BY ADV C.K.RAMAKRISHNAN
RESPONDENT:
THE MANAGER, AADHAR HOUSING FINANCE LIMITED,
KUNNATHOORMEDU, KALMANDAPAM, PALAKKAD DISTRICT. -,
PIN - 678013
BY ADVS.
A.SURESH
SHINTO MATHEW ABRAHAM(K/977/2018)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.22410 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
"(i) Issue a writ of mandamus or any appropriate
writ, order or direction commanding the 1st
respondent to grant fresh Registration Certificate as
sought for in Ext. P-2 application within the shortest
possible time which may be fixed by this Hon'ble
court;
(ii) Grant such other reliefs as this Hon'ble Court
deems fit and proper;
(iii) Dispense with the translation of the documents
produced in the Vernacular Language."
2. This is the 2nd writ petition for identical/similar
prayers. The petitioner has approached this Court earlier by
filing WP(C) No.32288/2023. This Court considering the
submissions advanced on behalf of the petitioner and the
respondent Bank had disposed of the said writ petition with
following terms:
" In the above circumstances, the Writ Petition is
disposed of with the following directions:-
WP(C) NO.22410 OF 2024
(i) Respondent Bank is directed to regularize
the loan account by accepting repayment of the
entire overdue amount of Rs.1,43,966/- along with
Bank charges from the petitioner.
(ii) The petitioner shall remit the overdue amount
of Rs.1,43,966/- together with any accrued
interest and charges in eight equal monthly
instalments.
(iii) The first instalment shall be paid on or before
30.10.2023 and the subsequent instalments shall
be paid on the last working day of every
succeeding month. OF RALA
(iv) The petitioner shall continue to pay the regular
EMIs in terms of the contract.
(v) In the event of default of any one instalment,
the respondent Bank is entitled to proceed in
accordance with law.
(vi) The proceedings initiated under the SARFAESI
Act against the petitioner shall be kept in abeyance
to facilitate repayment as stated above."
3. Instead of complying with directions in the aforesaid
judgment in WP(C) No.32288/2023, the petitioner had
approached this Court again in the present writ petition. Initially,
WP(C) NO.22410 OF 2024
this Court granted indulgence to the petitioner vide order dated
24.06.2024 and directed the petitioner to remit an amount of
Rs.1.5 lakhs, within a period of three weeks from the date of the
order and subject to the payment of Rs.1.5 lakhs, the coercive
proceedings against the petitioner were ordered to be defaulted
with.
4. The petitioner did not comply with the aforesaid order
on the next date of posting of this petition, i.e. on 17.7.2024,
this Court has passed the following order:
"The counsel for the petitioners submitted that
because of the severe financial crunch and
stringencies faced by the petitioners, they could not
comply with the interim order dated 24.06.2024.
Hence, the learned counsel seeks two weeks more
time to comply with the interim order.
Post on 02.08.2024 to enable the petitioners to
comply with the interim order. In case of failure to
comply with the interim order within the extended
time period, the writ petition shall be dismissed on
the next date of posting."
5. Despite the specific categorical order in case of
failure to comply with the interim order dated 24.06.2024, the
writ petition shall be dismissed on the next posting date, the
petitioner has not complied with the said interim order even
within the extended time granted by this Court in its order dated
WP(C) NO.22410 OF 2024
17.07.2024.
6. The second writ petition for the same cause of action
is otherwise not maintainable and the petitioner has not
complied with the interim order dated 24.06.2024 despite within
the extended time also.
In view thereof, this Court finds no ground to keep this writ
petition pending on the files of this Court and therefore this Writ
Petition is dismissed leaving it open to the petitioner to work out
his remedy as may be advised.
Sd/- DINESH KUMAR SINGH,
JUDGE
lsn
WP(C) NO.22410 OF 2024
APPENDIX OF WP(C) 22410/2024
PETITIONER EXHIBITS
Exhibit.P1 THE TRUE COPY OF THE WRIT PETITION
Exhibit.P2 THE TRUE COPY OF THE JUDGMENT DATED
03.10.2023 IN WRIT PETITION
Exhibit.P3 THE TRUE COPY OF THE STATEMENT OF
ACCOUNTS DURING THE YEAR 2018 TO 2019
DATED 28.07.2018
Exhibit.P4 THE TRUE COPY OF THE STATEMENT OF
ACCOUNTS DURING THE YEAR 2020 TO 2023
DATED 24.11.2023
Exhibit.P5 THE TRUE COPY OF THE UN
DATED...../JUNE/2024 NOTICE WHICH WAS
RECIEVED BY THE 1ST PETITIONER ON
15/06/2024 FROM THE ADVOCATE
COMMISSIONER.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
