Usha Jayakrishnan vs The Authorized Officer
2024 Latest Caselaw 27479 Ker

Kerala High Court

Usha Jayakrishnan vs The Authorized Officer on 11 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                          2024:KER:70101
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                       WP(C) NO. 24355 OF 2024

PETITIONER:

          USHA JAYAKRISHNAN,
          AGED 61 YEARS, W/O. JAYAKRISHNAN T. P.,
          PALATT HOUSE, CHALAVARA (PO), OTTAPALAM,
          PALAKKAD DISTRICT, PIN - 679505.

          BY ADV.
             SRI. K. M. MUHAMMED HUSSAIN


RESPONDENTS:

    1     THE AUTHORIZED OFFICER,
          THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,
          HEAD OFFICE SHORANUR, SHORANUR,
          PALAKKAD DISTRICT, PIN - 679121.

    2     THE SHORANUR CO-OPERATIVE URBAN BANK LTD.,
          HEAD OFFICE SHORANUR, SHORANUR, PALAKKAD, DISTRICT,
          REPRESENTED BY ITS AUTHORIZED OFFICER, PIN - 679121.

          BY ADVS.
              SRI. P. P. THAJUDEEN
              SRI. ASWIN P. KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24355 OF 2024

                                      2


                                                              2024:KER:70101



                          DINESH KUMAR SINGH, J.
                               --------------------------
                           W.P.(C) No. 24355 of 2024
                                -------------------------
                   Dated this the 11th day of September, 2024

                                     JUDGMENT

1. The present writ petition has been filed for the following

prayers;

(i) Issue a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the respondents to permit the petitioner to remit the loan amount in 20 installments.

(ii) Consequently Issue a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the respondents to keep all further proceedings pursuant to Exhibit P4 in abeyance till the petitioner clear off the loan amount.

(iii) To dispense with filing of the translation of Vernacular documents.

(iv) Allow the Writ petition with costs.

(v) Grant such other further reliefs which this Hon'ble Court may be pleased to direct in the facts and circumstances of the case.

WP(C) NO. 24355 OF 2024

2024:KER:70101

2. This Court has granted indulgence to the petitioner vide the

interim order dated 09.07.2024. The petitioner has not been able to

comply with the said interim order and, therefore, this Court finds no

ground to keep this writ petition pending on the files of this Court.

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 her under the law.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 24355 OF 2024

2024:KER:70101

APPENDIX OF WP(C) 24355/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE CT REPORT ISSUED BY M/S P K DAS INSTITUTE OF MEDICAL SCIENCE VANIAMKULAM, OTTAPALAM DATED 12/12/2022

EXHIBIT P2 THE TRUE COPY OF THE ACCOUNT STATEMENT OF THE ACCOUNT NO 0003003800000005 DATED 20-06-2024

EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED AS PER SECTION 13(2) OF SARFAESI ACT DATED 03-8-2023 THRISSUR

EXHIBIT P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 02- 07-2024

EXHIBIT P5 THE TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY M/S P K DAS INSTITUTE OF MEDICAL SCIENCE VANIAMKULAM, DATED 22/07/2024