George Augustine vs Indian Bank, Pallimukku Branch
2024 Latest Caselaw 26741 Ker

Kerala High Court

George Augustine vs Indian Bank, Pallimukku Branch on 5 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 31154 OF 2024

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                                                      2024:KER:68132
               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. 31154 OF 2024

PETITIONER:

           GEORGE AUGUSTINE
           AGED 73 YEARS
           S/O. GABRIEL, 14/1287, NEAR PHED, NAZRETH, MATTANCHERY
           P.O, ERNAKULAM, PIN - 682002


           BY ADV DEEPAK MOHAN


RESPONDENTS:

    1      INDIAN BANK, PALLIMUKKU BRANCH
           P.B NO 2319,VENKAT TOWERS, MG ROAD, ERNAKULAM DISTRICT,
           REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 682016

    2      THE AUTHORISED OFFICER, INDIAN BANK
           INDIAN BANK, PALLIMUKKU BRANCH, P.B NO 2319,VENKAT
           TOWERS, MG ROAD, ERNAKULAM DISTRICT, PIN - 682016



           SRI. BINOY VASUDEVAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31154 OF 2024

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                                                                 2024:KER:68132



                                JUDGMENT

Dated this the 5th day of September, 2024

This is the 2nd Writ Petition filed by the petitioner

seeking the following prayers:

i) Issue a writ order or direction directing the respondents to permit the petitioner to remit the overdue amount in 20 equal monthly installments.

ii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents not to proceed with Exhibit P-1 and permit the petitioner to regularize his loan account by remitting the overdue amount in 20 monthly installments.

iii) Dispense with the filing of the translation of vernacular documents produced along with this writ petition. And

iv) issue such other order or direction as deem fit to the facts and circumstances of the case.

2. Earlier, the petitioner filed W.P.(C.)No. 5343/2023

was disposed of by this Court with the following directions.

2. The learned Standing Counsel for the respondent on instructions submitted that, a total amount of Rs.14,51,303/- is the amount overdue and if the petitioner remits the amounts over due within 31.03.2023, the loan can be regularised.

In the above circumstances, this writ petition is disposed of directing the petitioner to remit a sum of Rs.5,00,000/- (five lakhs) on or before 27.02.2023 and the balance amount on or before 30.03.2023. If the petitioner remits the entire amount overdue, the respondents shall regularise the loan account.

3. The petitioner has not complied with the said

direction and has filed the present writ petition. Successive WP(C) NO. 31154 OF 2024

2024:KER:68132 writ petitions for the same cause of action will not be

entertained. Therefore, the present writ petition is hereby

dismissed with no cost.

Sd/-

DINESH KUMAR SINGH

JUDGE AP WP(C) NO. 31154 OF 2024

2024:KER:68132 APPENDIX OF WP(C) 31154/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE POSSESSION NOTICE DATED 21.08.2024 ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO.42/2024 ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (MP/MLAS), ERNAKULAM