Citation : 2024 Latest Caselaw 29848 Ker
Judgement Date : 22 October, 2024
2024:KER:78504
WP(C) NO. 33396 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 33396 OF 2024
PETITIONER/S:
VINU.M
AGED 48 YEARS
S/O. MOHANAN PILLAI, MANIMOHANAM, PUNUKKANNOOR,
ALUMMOODU.P.O, KOLLAM DISTRICT, PIN - 691577
BY ADVS.
BINU GEORGE
HEMALATHA
AMANTA MATHEW
RESPONDENT/S:
1 THE AUTHORIZED OFFICER
THE QUILON CO-OPERATIVE URBAN BANK LTD., Q-960, HEAD
OFFICE, YMCA ROAD, KOLLAM, PIN - 691001
2 THE BRANCH MANAGER
THE QUILON CO-OPERATIVE URBAN BANK LTD., Q-960, KOLLAM
EVENING BRANCH, YMCA ROAD, KOLLAM, PIN - 691001
BY ADV D.P.RENU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78504
WP(C) NO. 33396 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:-
"i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to repay the overdue amount in the cash credit account by way of twenty equal monthly installments and regularize the cash credit account of petitioner with respondent bank;
ii) Call for the entire records leading up to Ext.P2 and P4 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;
iii) To grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;"
2.This court granted an indulgence to the petitioner vide
the interim order dated 24.09.2024 directing the petitioner to
pay Rs.5,00,000/- to the Bank on or before 30.09.2024. This court
extended the time for complying with the interim order dated
24.09.2024 until 17.10.2024. Even after the extension of the
time, the petitioner has not complied with the interim order.
3.In view thereof, this court finds no justification to keep
this writ petition pending on the files of the High court.
Accordingly, the present writ petition is dismissed, leaving 2024:KER:78504 WP(C) NO. 33396 OF 2024
it open to the petitioner to take recourse to any other remedy, as
may be available to him, under the law.
Sd/-
D. K. SINGH JUDGE SJ 2024:KER:78504 WP(C) NO. 33396 OF 2024
APPENDIX OF WP(C) 33396/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF LICENSE DATED 10.07.2024 ISSUED BY ELAMPALLOOR GRAMA PANCHAYATH
Exhibit P2 A TRUE COPY OF DISCHARGE SUMMARY DATED 27.09.2023 ISSUED BY N.S. MEMORIAL INSTITUTE OF MEDICAL SCIENCES
Exhibit P3 A TRUE COPY OF NOTICE DATED 05.10.2023 UNDER SECTION 13(2) OF SARFAESI ACT ALONG WITH ENGLISH TRANSLATION.
Exhibit P4 A TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 12.09.2024
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