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Vinu.M vs The Authorized Officer
2024 Latest Caselaw 29848 Ker

Citation : 2024 Latest Caselaw 29848 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Vinu.M vs The Authorized Officer on 22 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                           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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