Sarojini vs Esaf Small Finance Bank Ltd. Mannuthy ...
2024 Latest Caselaw 14472 Ker

Kerala High Court

Sarojini vs Esaf Small Finance Bank Ltd. Mannuthy ... on 31 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                 WP(C) NO. 4046 OF 2024
PETITIONER:

         SAROJINI
         AGED 57 YEARS, D/O.CHATHAN, PAREKKUTYIL HOUSE,
         MONADY DESOM, VELLIKULANGARA P.O,
         CHALAKUDY TALUK, THRISSUR DISTRICT,,
         PIN - 680 699.

         BY ADVS.
              N.L.BITTO
              MITHUL T ANTO

RESPONDENTS:

    1    ESAF SMALL FINANCE BANK LTD. MANNUTHY BRANCH,
         REPRESENTED BY MANAGER, GLOBAL CENTRE,
         MANNUTHY JUNCTION, MANNUTHY P.O,
         THRISSUR DISTRICT, PIN - 680 651.

    2    AUTHORISED OFFICER,
         ESAF SMALL FINANCE BANK LIMITED,
         BUILDING NO.7/83/8, ESAF BHAVAN,
         MANNUTHY DESOM, MANNUTHY P.O,
         THRISSUR DISTRICT,, PIN - 680 651.

         BY ADV
              RASHMI.K.V, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4046 of 2024
                                :2:




                          JUDGMENT

Dated this the 31st day of May, 2024

The petitioner, who has availed a loan from the

ESAF Small Finance Bank Limited, is before this Court

seeking to direct the respondents to provide opportunity to

the petitioner to regularise the loan account or liquidate the

liability by instalments possible.

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

Court passed an interim order on 01.02.2024, staying further

coercive proceedings against the petitioner pursuant to

Exts.P1 and P2 till 19.02.2024 on condition that the petitioner

shall remit an amount of ₹1 lakh within a period of two

weeks.

3. Counsel appearing for the petitioner submits that

the petitioner could not comply with the directions contained

in the interim order dated 01.02.2024 passed by this Court.

4. It is an admitted position that the petitioner has not

remitted the said amount. As the petitioner has failed to pay

the amount as directed by this Court, the petitioner cannot be

granted any further relief as prayed for in the writ petition.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE AMR

APPENDIX OF WP(C) 4046/2024

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ORDER IN CMP.1120 OF 2023 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 22/02/2023.

Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED NIL.