Kamarudheen Valiyakath Kottukkal vs The Chief Manager (Authorized Officer)
2024 Latest Caselaw 19049 Ker

Kerala High Court

Kamarudheen Valiyakath Kottukkal vs The Chief Manager (Authorized Officer) 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. 16136 OF 2024
PETITIONER:

         KAMARUDHEEN VALIYAKATH KOTTUKKAL ,
         AGED 52 YEARS,
         S/O KUNHI MOHAMMED,
         CHALIL HOUSE,
         KADAPPURAM,
         TRISSUR DISTRICT,
         PIN - 680514

         BY ADVS.
         P.M.ZIRAJ
         IRFAN ZIRAJ


RESPONDENTS:

    1    THE CHIEF MANAGER (AUTHORIZED OFFICER),
         REGIONAL OFFICE, SOUTH INDIAN BANK,
         THRISSUR DIST, PIN - 680003
    2    THE BRANCH MANAGER,
         SOUTH INDIAN BANK,
         CHAVAKKAD BRANCH,
         THRISSUR DIST, PIN - 680506
    3    THE SOUTH INDIAN BANK,
         CHAVAKKAD BRANCH, 610 A, XXII,
         H S CENTRE, MAIN ROAD,
         CHAVAKKAD P.O., THRISSUR,
         KERALA REPRESENTED BY ITS MANAGER,
         PIN - 680506

         BY ADV. SRI.P.A.AUGUSTINE AREEKATTEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.16136/2024
                                :2:




                         JUDGMENT

Dated this the 28th day of June, 2024

The petitioner, who is indebted to South Indian

Bank Ltd., has approached this Court seeking to direct the

respondents to grant 16 monthly instalments to the

petitioner to clear off the entire dues with the respondents.

2. When this writ petition came up for hearing, this

Court passed an interim order on 24.05.2024 directing the

petitioner to remit an amount of ₹5 lakhs within a period of

one month.

3. When this writ petition came up for hearing

today, the Standing Counsel representing the respondents

submitted that the amount as directed by this Court has not

been paid by the petitioner.

4. Heard.

5. The prayer of the petitioner is to permit the

petitioner to pay the outstanding amount payable to the

Bank in instalments. The petitioner has not paid a small

portion of the amount to the Bank as directed by this Court

within the stipulated time. Therefore, the petitioner is not

entitled to any further discretionary relief from this Court.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 16136/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 02.11.2023 IN W.P(C) NO.23436 OF 2023 Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 20.11.2023 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE POSSESSION NOTICE DATED 20.12.2023 ISSUED BY THE FIRST RESPONDENT Exhibit P4 TRUE COPY OF THE NOTICE DATED 09.04.2024 ISSUED BY THE ADVOCATE COMMISSIONER IN CRL.M.P 3753 OF 2024 Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 15.04.2024 SUBMITTED BY THE PETITIONER AND HIS WIFE.