Kerala High Court
Alex Steephan vs Thrissur Service Co-Operative Bank ... on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77730
W.P.(C) No.31502/2024
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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. 31502 OF 2024
PETITIONERS:
1 ALEX STEEPHAN,
AGED 33 YEARS,
S/O STEEPHAN,
CHALAKKAL HOUSE,
PLOT NO. 256, D-658,
HILL GARDEN,
KUTTANELLUR P.O.,
THRISSUR, PIN - 680014
2 SOLY STEEPHAN,
AGED 58 YEARS,
W/O STEEPHAN,
CHALAKKAL HOUSE,
PLOT NO. 256,
D-658, HILL GARDEN,
KUTTANELLUR P.O.,
THRISSUR, PIN - 680014
BY ADVS.
SRI.C.J.ANTONY LOYED
SRI.C.CHANDRASEKHARAN
RESPONDENTS:
1 THRISSUR SERVICE CO-OPERATIVE BANK LIMITED
NO.1097,
THIRUVAMBADY, THRISSUR,
REPRESENTED BY ITS SECRETARY, PIN - 680022
2 SPECIAL SALE OFFICER,
THRISSUR SCB GROUP,
O/O THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES (GENERAL), THRISSUR, PIN - 680003
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W.P.(C) No.31502/2024
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3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF COOPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
4 STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
SRI.A.D.RAVINDRA PRASAD
SRI.ALEX VARGHESE(K/000320/1987)
SRI.A.D.CHANDRA BOSE(MAH/685-B/1988)
SMT.SHEEJA C.S., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.31502/2024
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JUDGMENT
Dated this the 17th day of October, 2024
The petitioners approached this Court when the 1 st
respondent-Bank initiated recovery proceedings for recovery
of amount advanced to the 1st petitioner. The writ petition was
filed by the petitioners seeking the following reliefs:
"i) Issue an appropriate writ, order, or direction to
the 1st and 2nd respondents to ensure that the
attachment is limited to a portion of the property
sufficient to cover the debt amount.
ii) Issue an appropriate writ, order, or direction to
the 3rd respondent, to evaluate the value property
and restrict the attachment to a portion of the
property, excluding the petitioners' residence,
necessary to cover the debt owed to the 1 st
respondent.
iii) Pass any other writ, order, or direction that this
Hon'ble Court deems fit, in light of the facts and
circumstances of the case."
2. When this writ petition came up for admission on
12.09.2024, this Court passed an interim order to the
following effect:
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"Issue urgent notice on admission by special
messenger to respondents 1 and 2. Government
Pleader takes notice for respondents 3 and 4.
There will be an interim order staying confirmation
of sale pursuant to Exts.P1 and P2 for a period of
one month on condition that the petitioners shall
remit an amount of ₹10 lakhs within a period of one
month from today."
3. Standing Counsel representing the Bank submitted
that the petitioners have not remitted any amount pursuant to
the directions of this Court. As the petitioners have not
complied with the interim order passed by this Court, the
petitioners are not entitled to any further discretionary relief
from this Court.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
JUDGE
SR
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APPENDIX OF WP(C) 31502/2024
PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED TO
1ST PETITIONER BY THE 1ST RESPONDENT
BANK DATED 08/08/2024.
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED TO
2ND PETITIONER BY THE 1ST RESPONDENT
BANK DATED 08/08/2024.
Exhibit P3 A TRUE COPY OF THE VALUATION REPORT
11/08/2024.
