Citation : 2024 Latest Caselaw 25920 Ker
Judgement Date : 30 September, 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34091 OF 2024
PETITIONER:
ABDUL HAKEEM
AGED 60 YEARS, S/O. HAMSA,
RESIDING AT HOUSE NO.39/2223, HAR BUILDING,
MG ROAD, ERNAKULAM, PIN - 682016.
BY ADV.
SRI. PRAVEEN K. JOY
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
PUNJAB NATIONAL BANK, CIRCLE SASTRA CENTRE,
SHATHABDI BHAVAN, MINI BY PASS ROAD,
GOVINDAPURAM, KOZHIKODE, PIN - 673016.
2 BRANCH MANAGER,
PUNJAB NATIONAL BANK, BANK ROAD BRANCH,
KANNUR, PIN - 670001.
3 THE GRIEVANCE REDRESSAL COMMITTEE,
HEADED BY EXECUTIVE DIRECTOR, PUNJAB NATIONAL BANK,
HEAD OFFICE, 7, BHIKHAIJI CAMA PALACE,
NEW DELHI, PIN - 110001.
BY ADV.
SRI. C. AJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34091 OF 2024 2
2024:KER:72640
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 34091 of 2024
-------------------------
Dated this the 30th day of September, 2024
JUDGMENT
1. The present writ petition has been filed for the following
reliefs;
i) To stay all further coercive proceedings pursuant to Ext.P5 and Ext.P6 notices till a final decision is taken upon Ext.P7, in the interest of justice.
ii) Issue an order to declare that the petitioner's property is not liable to put for sale under Ext P6 by the 2nd respondent bank, in the interest of justice.
iii) To issue writ, order or direction in the nature of mandamus directing the respondents No. 1 and 2 to take up Ext P7 application and to consider the same and take a decision in the OTS proposal after hearing the petitioner personally, within a time limit fixed by this Hon'ble Court, in the interest of justice.
2024:KER:72640
iv) To grant time to prefer statutory appeal before the Statutory Authority, in the interest of justice.
v) To dispense with the English translation of the documents produced in vernacular languages.
vi) To grant such other reliefs that this Honourable Court deemed fit and proper.
2. This is the third writ petition filed by the petitioner for the
similar/identical reliefs. The successive writ petition for
similar/identical prayers cannot be entertained. Hence, the
present writ petition is hereby dismissed leaving it open to the
petitioner to take recourse to any other remedy as may be
available to him under the law.
Sd/-
DINESH KUMAR SINGH JUDGE Svn
2024:KER:72640
APPENDIX OF WP(C) 34091/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE BANK DATED 06.11.2023
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 30.11.2023
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.41098/2023 DATED 08/12/2023
EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.11868/2024 DATED 22/03/2024
EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 11/09/2024 RECEIVED ON 25/09/2024
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 11/09/2024 UNDER 13(4) RECEIVED ON 25/09/2024
EXHIBIT P7 TRUE COPY OF THE OTS PROPOSAL DATED 25/09/2024
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