Anil Bose vs Anapanthy Service Co-Operative Urban ...
2024 Latest Caselaw 33090 Ker

Kerala High Court

Anil Bose vs Anapanthy Service Co-Operative Urban ... on 14 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                  2024:KER:85575
W.P.(C) No.34892/2024
                                  :1:

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946

                        WP(C) NO. 34892 OF 2024

PETITIONER:
          ANIL BOSE,
          AGED 43 YEARS,
          S/O K.V.GEORGE, KAVERI,
          ANGADIKADAVU P.O, AYYAMKUNNU,
          KANNUR DISTRICT, PIN - 670706

           BY ADV.SATHEESHAN ALAKKADAN
RESPONDENTS:

    1      ANAPANTHY SERVICE CO-OPERATIVE URBAN BANK LTD.,
           F-1516, REP BY ITS SECRETARY,
           ANAPANTHY, KANNUR, PIN - 670706

    2      SPECIAL SALE OFFICER,
           OFFICE OF THE ASSISTANT REGISTRAR GENERAL,
           IRITTY, ANAPANTHY SERVICE CO-OPERATIVE URBAN
           BANK LTD, KANNUR DISTRICT, PIN - 670703

           BY ADVS.
           M.B.SHYNI
           V.R.ANILKUMAR(K/001161/2020)
           RAJESH KUMAR R.(K/453/2013)
           SARAFUDHEEN T.(K/801/2022)
           ELDHOSE JOY(K/172/2022)
           AJITH P.C.(K/3643/2023)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                           2024:KER:85575
W.P.(C) No.34892/2024
                                    :2:


                              JUDGMENT

Dated this the 14th day of November, 2024

The petitioner approached this Court when the

respondents initiated proceedings for recovery of the amount

advanced to the petitioner. The writ petition was filed by the

petitioner seeking the following reliefs:

"i) Call for the records relating to Ext.P1 notice and to quash the same.

ii) Issue a writ of mandamus or such other writ order or direction directing respondents to not to take further proceedings on the basis of Ext.P1 notice against the petitioner or his property and give sufficient time to the petitioner to deposit the arrears as easy installments in order to regularise the loan.

iii) Issue a writ of mandamus or any other writ order or direction directing the respondents to regularise the loan availed by the petitioner.

iv) Issue a writ of mandamus or any other writ order or direction directing the respondents to give 25 equal installments to the petitioner to pay off the loan amount."

2. When this writ petition came up for admission

on 04.10.2024, this Court passed an interim order to the

following effect:

2024:KER:85575

"Issue urgent notice on admission by speed post to the respondents.

There will be an interim order staying confirmation of sale pursuant to Ext.P1 for a period of one month on condition that the petitioner shall remit an amount of ₹3 lakhs within a period of one month.

Post on 04.11.2024."

3. Standing Counsel representing the Bank

submitted that the petitioner has not remitted any amount

pursuant to the directions of this Court. As the petitioner has

not complied with the interim order passed by this Court, the

petitioner is not entitled to any further discretionary relief from

this Court.

The writ petition is therefore dismissed. However, the

petitioner will be at liberty to approach the Bank for any further

arrangement in the loan account.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:85575

APPENDIX OF WP(C) 34892/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26-09-2024 INFORMING THE PETITIONER THAT THEY INTENDED TO SELL THE PROPERTY ON 18-10- 2024 FOR THE RECOVERY OF THE AMOUNT RS. 19,90,341/-.