The Kerala High Court dismissed the writ petition for default because the petitioner failed to comply with the condition of remitting Rs.50,000 to secure an earlier interim stay against revenue recovery proceedings initiated by a Bank.
The writ petition is dismissed for default.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932
WP(C).No. 28337 of 2010(N)
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PETITIONER:
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GEORGE THOMAS, S/O.THOMAS, KOLLAMPARAMBIL HOUSE, NEDUNKUNNAM VILLAGE, CHANGANASSERY TALUK, KOTTAYAM (DT).
BY ADV. SRI.P.M.SEBASTIAN.
RESPONDENTS:
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1. DY.TAHSILDAR (REVENUE RECOVERY), CHANGANASSERY, KOTTAYAM (DT.) 686 101.
2. BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH, KOTTAYAM VILLAGE, KOTTAYAM- 686 001.
3. KOTTAYAM DISTRICT PRIVATE BUS OWNERS ASSOCIATION (K.D.P.B.O.A.), CHANGANASSERY UNIT, REPRESENTED BY THE SECRETARY, CHANGANASSERY, -686 001.
4. THE DISTRICT COLLECTOR, KOTTAYAM, KOTTAYAM (DT.), PIN- 686 001.
R2 BY ADV. SRI.P.P.JOYI, S.C, R3 BY ADV. SRI.O.D.SIVADAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
C.K.ABDUL REHIM,J.
------------------------------WP(C).NO. 28337 of 2010
Dated this the 9th day of December, 2010
JUDGMENT
Challenge in this writ petition is against the revenue recovery proceedings initiated for realisation of amounts due in a loan account availed by the petitioner from the 2nd respondent Bank. Eventhough this court was not impressed on the contentions raised, as a gesture of indulgence an interim stay was granted against further coercive steps subject to condition of the petitioner remitting a sum of Rs.50,000/-. Inspite of such interim order issued on 14.9.2010, the petitioner had failed to comply with the condition stipulated.
WP(C) .28337/2010 2
entertain this writ petition any further. Accordingly, the writ petition is dismissed for default.
pmn/
C.K.ABDUL REHIM,JUDGE
1 issue framed by the court
Whether to entertain the writ petition when the petitioner failed to comply with the condition of remitting Rs.50,000 to secure the interim stay.
GEORGE THOMAS
DY.TAHSILDAR (REVENUE RECOVERY), CHANGANASSERY
BANK OF INDIA, KOTTAYAM BRANCH
KOTTAYAM DISTRICT PRIVATE BUS OWNERS ASSOCIATION
THE DISTRICT COLLECTOR, KOTTAYAM
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
