Uvaice vs Axis Bank Limited
2024 Latest Caselaw 28816 Ker

Kerala High Court

Uvaice vs Axis Bank Limited on 3 October, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 33367 OF 2024

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                                                      2024:KER:73974
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

    THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                          WP(C) NO. 33367 OF 2024

PETITIONER:

           UVAICE
           AGED 36 YEARS
           POONAKUDIYIL HOUSE, PALLARIMANGALAM P.O.
           PIDAVOORKARA,VARAPETTY VILLAGE, KOTHAMANGALAM TALUK,
           ERNAKULAM DISTRICT., PIN - 686671


           BY ADVS.
           T.A.KATHIRUKUNJU
           SANIL KUMAR
           SIDHEEK A.M.
           FARHAZA HASSAN


RESPONDENTS:
     1     AXIS BANK LIMITED
           REPRESENTED ITS AUTHORIZED SIGNATORY, ASC, THRISSUR
           DISTRICT, PIN - 680001

    2      THE MANAGER
           AXIS BANK LIMITED, KOTHAMANGALAM BRANCH, ERNAKULAM
           DISTRICT, PIN - 686691

    3      AUTHORIZED OFFICER
           AXIS BANK RETAIL ASSET CENTRE, 5TH FLOOR, CHICKAGO
           PLAZA, RAJAJI ROAD, ERNAKULAM DISTRICT, PIN - 682035


           SRI.M. PREMCHAND-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33367 OF 2024

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                                                                    2024:KER:73974
                                   JUDGMENT

Dated this the 3rd day of October, 2024

The present Writ Petition has been filed seeking the

following prayers:

i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to grant sufficient time to the petitioner to avail the benefit of the settlement as evident from Ext. P1 in compliance with Ext. P4 Circular issued by the RBI;

ii) To issue such other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

This is the third time, the petitioner has approached this

Court seeking the same relief. As on 02.08.2024, the total

outstanding is Rs80,54,295.92/-. The successive writ

petition for the same cause of action for similar prayers are

not maintainable. Therefore, the present writ petition is

nothing by gross abuse of process of the Court. Thus, the

present writ petition is hereby dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE AP WP(C) NO. 33367 OF 2024

2024:KER:73974 APPENDIX OF WP(C) 33367/2024

PETITIONER EXHIBITS

Exhibit-P1 COPY OF THE LETTER NO. AXISB/749/37416, DATED 30.01.2024

Exhibit-P2 TRUE COPY OF THE COUNTER FOIL OF THE DEPOSIT/PAY-IN-SLIP, DATED 15.02.2024 FOR RS.1,00,000/- ISSUED FROM THE KOTHAMANGALAM BRANCH OF THE AXIS BANK LTD.

Exhibit-P3 TRUE COPY OF THE SALE NOTICE, DATED 02.08.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit-P4 TRUE COPY OF THE CIRCULAR NO.RPCD.PLNFS.BC.NO.39/06.02.31/2005-06, DATED 03.09.2005 ISSUED BY THE RESERVE BANK OF INDIA