Petitioner sought relief regarding disputed bank amount. Court observed petitioner failed to comply with prior directions. Interim order vacated allowing bank to proceed. Petition dismissed.
Writ petition dismissed; interim order vacated; respondents to proceed with further action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930
WP(C).No. 22626 of 2008(R)
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PETITIONER(S):
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BIJU PARAMU, AGED 35 YEARS, S/O.PARAMU, PALLIYODU KIZHAKKETHIL HOUSE, S R P MARKET.PO, THAZHAVA, KARUNAGAPPALLY TALUK, KOLLAM.
BY ADV. SRI.N.K.MOHANLAL.
RESPONDENT(S):
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1. THE MANAGER, THE BANK OF RAJASTAN LIMITED, COCHIN BRANCH.
2. THE AUTHORISED OFFICER, BANK OF RAJASTAN LIMITED, COCHIN BRANCH.
R1 & R2 BY ADV. SRI.N.MANI (VAIKOM).
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.22626/2008-R:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE SECTION1 3 (4) NOTICE. EXT.P.2: COPY OF THE STATEMENT OF ACCOUNTS AS ON 19/04/2008.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
prv.
Thottathil B. Radhakrishnan, J.
================================== W.P.(C)No.22626 of 2008
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Dated this the 20th day of October, 2008.
JUDGMENT
It is submitted by the learned counsel for the bank that no amount was paid even after the order dated 22-9-2008 and that no amount was paid even after the disposal of WP(C)No.13995 of 2008. The interim order granted is vacated and it is clarified that the respondents will be at liberty to proceed with further action.
Having gone through the merits, I do not find any ground to sustain this writ petition even after the petitioner has failed to comply with the directions, which has become final. Writ petition fails. It is accordingly dismissed.
sl.
Thottathil B.Radhakrishnan, Judge.
2 issues framed by the court
Whether the writ petition regarding non-payment of bank amount can be sustained given the petitioner's failure to comply with directions.
Whether the interim order granted earlier should be vacated allowing further action by the bank.
BIJU PARAMU
THE MANAGER, THE BANK OF RAJASTAN LIMITED, COCHIN BRANCH.
THE AUTHORISED OFFICER, BANK OF RAJASTAN LIMITED, COCHIN BRANCH.
THOTTATHIL B.RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
