Rajagopalan M vs Bank Of India
2024 Latest Caselaw 18990 Ker

Kerala High Court

Rajagopalan M vs Bank Of India on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 42687 OF 2022
PETITIONER:

         RAJAGOPALAN M
         AGED 67 YEARS, S/O. KUNHAPPA NAIR,
         SREENIKETHAN, ONAPPARAMBU,
         CHIRAKKAL P.O., KANNUR, PIN - 670011.

         BY ADV P.V.JEEVESH


RESPONDENTS:

    1    BANK OF INDIA
         REPRESENTED BY THE AUTHORISED OFFICER,
         KANNANKERI ESTATE, SHANMUGAN ROAD,
         ERNAKULAM, PIN - 682031.

    2    SREEDEVI MOHAN
         W/O MOHANAN, 54/1436 9A,
         OAKWOOD SKYLINE, KADAVANTHARA,
         ERNAKULAM, PIN - 682020.

    3    AUGUSTINE CHANDY
         VALLAMKOTTU HOUSE, PEDIKATTU MURI,
         PONGUMOODU, MEDICAL COLLEGE P.O.,
         THIRUVANATHAPURAM, PIN - 695011.

    4    KUNJUNNI MOHANAN
         54/1436 9A, OAKWOOD SKYLINE,
         KADAVANTHARA, ERNAKULAM, PIN - 682020.

         BY ADVS.
         ANEESH K.M
         K.SANTHOSH KUMAR (KALIYANAM)
         ADARSH KUMAR
         SHASHANK DEVAN
         DILEEP CHANDRAN
 W.P.(C)No.42687 of 2022
                           :2:


         BIJU VARGHESE ABRAHAM


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.42687 of 2022
                                :3:




                        JUDGMENT

Dated this the 28th day of June, 2024

The petitioner has approached this Court when the

respondents initiated coercive proceedings in the year 2022.

The petitioner sought breathing time to repay the amount in

instalments.

2. About two years have lapsed since filing of the writ

petition and it cannot be expected that the situation which

arose at that point of time continues to subsist even now.

In the facts of the case, the writ petition is dismissed,

making it clear that the petitioner will be at liberty to approach

this Court again, if situation so warrants.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 42687/2022

PETITIONER'S EXHIBIT Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 16.11.2022 ISSUED BY THE RESPONDENT