Koshy P. Zachariah vs The Authorized Officer
2024 Latest Caselaw 31354 Ker

Kerala High Court

Koshy P. Zachariah vs The Authorized Officer on 2 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                         2024:KER:81373

WP(C) NO. 36130 OF 2024

                                   1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE D. K. SINGH

    SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946

                          WP(C) NO. 36130 OF 2024


PETITIONER/S:

           KOSHY P. ZACHARIAH
           AGED 46 YEARS
           S/O ZACHARIAH P. KOSHY, PALLIKKAKUZHIYIL HOUSE,
           THURUTHICADU P.O., MALLAPPALLY, KALLOOPPARA,
           PATHANAMTHITTA, PIN - 689597


           BY ADV M.R.SASITH


RESPONDENT/S:

     1     THE AUTHORIZED OFFICER
           THE THIRUVALLA EAST CO-OPERATIVE BANK LTD., ERAVIPEROOR,
           PATHANAMTHITTA DISTRICT, PIN - 689541

     2     THE MANAGING DIRECTOR
           THE THIRUVALLA EAST CO-OPERATIVE BANK LTD., HEAD OFFICE,
           P.B.NO.4, ERAVIPEROOR P.O., PATHANAMTHITTA, PIN - 689542


           BY ADV T.P.PRADEEP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR         ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                        2024:KER:81373

WP(C) NO. 36130 OF 2024

                                          2



                                    JUDGMENT

This is the third petition filed for similar cause of action or

identical prayers. The earlier writ petition was disposed of with

the following conditions.

"7. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.70,16,578/- (Rupees Seventy lakh sixteen thousand five hundred and seventy eight only) along with accrued interest and bank charges from the petitioner in the following manner:

(i) The outstanding amount of Rs.70,16,578/- (Rupees Seventy lakh sixteen thousand five hundred and seventy eight only) shall be repaid in fifteen(15) equated monthly instalments along with any accrued interest/costs;

(ii) The first instalment shall be paid on or before 15.11.2022 and the subsequent instalments shall be paid on or before the 20th day of the succeeding months;

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law;

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance."

2.Successive writ petitions for the same cause of action are

not maintainable. Even otherwise, the loan account of the

petitioner became NPA way back in the year 2015, and the Bank

is still in the process of securing its outstanding dues from the

petitioner.

In view of the aforesaid, this court does not want to 2024:KER:81373

WP(C) NO. 36130 OF 2024

exercise its discretion, and therefore, the writ petition is

dismissed.

Sd/-

D. K. SINGH JUDGE SJ 2024:KER:81373

WP(C) NO. 36130 OF 2024

APPENDIX OF WP(C) 36130/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF JUDGEMENT IN WRIT PETITION(C) 31995/2022 DATED 20.10.2022

Exhibit-P2 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 04.03.2023

Exhibit-P3 THE TRUE COPY OF THE JUDGEMENT DATED 27.03.2023 IN WP (C) 8723/2023

Exhibit-P4 TRUE COPY OF COMMUNICATION ISSUED BY THE RESPONDENTS BANK ON 17.04.2023.

Exhibit-P5 TRUE COPY OF THE AUCTION SALE NOTICE ISSUED BY THE RESPONDENTS BANK DATED 02.02.2024.

Exhibit-P6 THE TRUE COPY OF THE JUDGEMENT DATED 07.06.2024 IN WRIT PETITION (C) NO.8403/2024 .

Exhibit-P7 TRUE COPY OF THE COMMUNICATION DATED 22/07/2024 ISSUED BY THE 2ND RESPONDENT.

Exhibit -P8 TRUE COPY OF REPRESENTATION DATED 31/07/2024 GIVEN BY THE PETITIONER TO 2ND RESPONDENT.

Exhibit-P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BANK DATED 12.09.2024.

Exhibit-P10 TRUE COPY OF JUDGMENT DATED 08.10.2024 IN WRIT PETITION NO. 35101 /2024.