Abdul Salam vs The Cherpalcheri Co-Operative Urban ...
2024 Latest Caselaw 26651 Ker

Kerala High Court

Abdul Salam vs The Cherpalcheri Co-Operative Urban ... on 5 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                            2024:KER:67441

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

         THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

 THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                      WP(C) NO. 21297 OF 2024

PETITIONER/S:

             ABDUL SALAM,
             AGED 45 YEARS
             S/O LATE MUHAMMADALI, PAPPADAKKARAN (H),
             EZHUVANTHALA, NALLAYA,OTTAPALAM, PALAKKAD, PIN -
             679335

             BY ADV AJITH M. JIJI


RESPONDENT/S:

             THE CHERPALCHERI CO-OPERATIVE URBAN BANK LTD
             NO.1696,
             REPRESENTED BY THE AUTHORIZED OFFICER, KAVUVATTOM,
             CHERPALCHERI P.O,PALAKKAD,KERALA, PIN - 679503

             BY ADVS.
             R.SREEHARI
             HAMZA A.V.
             APARNA M.P.
             VIGNESH S.
             DHANYA C.R.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.09.2024,   THE     COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                                   2024:KER:67441
WP(C) NO. 21297 OF 2024

                                       2
                                 JUDGMENT

This is the second writ petition for similar / identical

prayers and cause of action.

2.The earlier W.P (C) No. 12141/2024 was disposed of by

this court on following terms:

"11. The writ petition is therefore disposed of with the following directions:

(i) The petitioner shall remit the overdue amount of ₹7,07,359/- in 12 consecutive and equal monthly installments along with accruing interest and other Bank charges, if any. First of such installments shall be paid on or before 22.04.2024.

(ii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

(iii) The petitioner shall also pay current EMIs along with the aforesaid payments.

(iv) If the petitioner pays the amount as directed above, any coercive proceedings against the petitioner will stand deferred."

3.The petitioner has failed to comply with the direction

issued by this court vide the judgment dated 22.03.2024 in W.P (C)

No. 12141 of 2024.

Successive writ petition for same cause of action are not

maintainable and therefore, the present writ petition is dismissed,

leaving it open to the petitioner to recourse to any other remedy,

as may be available to him, under the law.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:67441 WP(C) NO. 21297 OF 2024

APPENDIX OF WP(C) 21297/2024

PETITIONER EXHIBITS

EXHIBIT -P1 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 22.03.2024 IN WP(C)

EXHIBIT -P2 TRUE COPY OF POSSESSION NOTICE DATED 09.05.2024