Praveen Raj vs Authorized Officer The Manjeshwar ...
2024 Latest Caselaw 29472 Ker

Kerala High Court

Praveen Raj vs Authorized Officer The Manjeshwar ... on 17 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2024:KER:77947

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                 WP(C) NO. 30624 OF 2024

PETITIONER:

         PRAVEEN RAJ
         AGED 56 YEARS, S/O BHASKAR,
         PRAJWAL NILAYA, OPP. K.W.A TANK,
         UDYAWARA, MANJESHWAR, MANJESHWAR,
         KASARGODE, KERALA, PIN - 671323.

         BY ADV P.K.SUBHASH


RESPONDENT:

         AUTHORIZED OFFICER THE MANJESHWAR SERVICE CO-
         OPERATIVE BANK LTD, NO.C.323, PO MANJESHWAR,
         KASARGODE, PIN - 671323.

         BY ADV.SRI.KODOTH SREEDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.30624 of 2024                              2024:KER:77947
                                  :2:




                          JUDGMENT

Dated this the 17th day of October, 2024

The writ petition was filed by the petitioner when the

Manjeshwar Service Co-operative Bank Limited took coercive

proceedings to recover the loan advanced to the petitioner.

2. This Court passed an interim order on 30.08.2024,

staying further proceedings pursuant to Ext.P1 on condition

that the petitioner shall remit an amount of ₹6 lakhs within a

period of one month. Today, Standing Counsel representing

the Bank submits that the petitioner has not remitted ₹6 lakhs

as directed by this Court.

3. From the pleadings and arguments, it is evident that

the liability of the petitioner as on today is more than ₹38 lakhs.

The petitioner filed this writ petition seeking to pay the liability in W.P.(C)No.30624 of 2024 2024:KER:77947

instalments. The petitioner was granted an opportunity to make

a part payment by way of the interim order of this Court. The

petitioner has not honoured the said direction. Therefore, the

petitioner is not entitled to any further discretionary relief in this

writ petition.

The writ petition is dismissed.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.30624 of 2024 2024:KER:77947

APPENDIX OF WP(C) 30624/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SALE NOTICE DATED 25/07/2024 ISSUED BY THE BANK