Vaishyakan K vs Authorised Officer, Palakkad ...
2024 Latest Caselaw 12562 Ker

Kerala High Court

Vaishyakan K vs Authorised Officer, Palakkad ... on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                WP(C) NO. 13241 OF 2024
PETITIONERS:

    1    VAISHYAKAN K.
         AGED 38 YEARS
         24/204, KRISHNA NIVAS,CHIRAKKAD,
         KOPPAM VILLAGE, PALAKKAD - 678013.

    2    VIVEK K.
         AGED 34 YEARS
         24/204, KRISHNA NIVAS, CHIRAKKAD,
         KOPPAM VILLAGE, PALAKKAD - 678013.

         BY ADVS.
         N.MANU THAMPI
         ABHILASH S.FRANCIS


RESPONDENTS:

   1     AUTHORISED OFFICER,
         PALAKKAD CO-OPERATIVE URBAN BANK LTD.
         NO. F-997, COURT ROAD,
         PALAKKAD DISTRICT., PIN - 678001.

   2     MANAGER/SECREATRY,
         PALAKKAD CO-OPERATIVE URBAN BANK LTD.
         NO.F-997,KALMANDAPAM BRANCH,
         SOORYA COMPLEX, KALMANDAPAM,
         PALAKKAD, PIN - 678013.


     THIS WRIT PETITION (CIVIL) HAVING COME UP      FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.13241 of 2024
                               :2:




                       JUDGMENT

Dated this the 21st day of May, 2024

The writ petition was filed by the petitioners seeking to

direct the respondents to permit the petitioners to discharge

liability in 50 equal monthly instalments.

2. When the writ petition came up for admission on

02.04.2024, this Court issued urgent notice on admission by

speed post to the respondents and passed an interim order

staying further proceedings pursuant to Exts.P2 and P3 till

21.05.2024 on condition that the petitioners shall remit an

amount of ₹30,000/- on or before 20.04.2024 and a further

amount of ₹20,000/- on or before 20.05.2024. It is seen that

the petitioners have not taken any steps to issue notice to the

respondents and the service remains incomplete.

The writ petition is therefore dismissed for

non-prosecution.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 13241/2024

PETITIONERS' EXHIBITS Exhibit-P1 A TRUE COPY OF THE STATEMENT OF THE PETITIONER'S LOAN ACCOUNT FROM 10.05.19 TO 22.03.24.

Exhibit-P2 A TRUE COPY OF THE DEMAND NOTICE NO/SARFAESI- 540/2023-24 MLLT 369 KAL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 20.01.2024. Exhibit-P3 A TRUE COPY OF THE POSSESSION NOTICE NO/SARFAESI- 540/2023-24 MLLT 369 KAL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 22.03.2024.