The petitioner sought quashing of eviction and securitisation proceedings, directing the bank to prosecute an OA and permit dues clearance in installments. The court noted non-compliance with an interim stay condition regarding deposit of Rs.2,00,000/-. Consequently, the writ petition was dismissed as not a fit case for interference.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 13TH DAY OF NOVEMBER 2014/22ND KARTHIKA, 1936
WP(C).No. 16308 of 2014 (K)
PETITIONER(S):
-----------------------
MADEESH M.P., S/O.PRABHAKARAN, DEVI KRISHNA, APPOLO STREET, KURIACHIRA P.O., THRISSUR - 680 006.
BY ADV. SRI.DILIP J. AKKARA
RESPONDENT(S):
1. THE FEDERAL BANK LTD., PUZHAKAL BRANCH, SREE DHARMA SASTHA SHOPPING COMPLEX, PUZHAKKAL, THRISSUR - 680 553.
2. JYOTI MADEESH, W/O.MADEESH M.P., DEVI KRISHNA, APPOLO STREET, KURIACHIRA P.O., THRISSUR - 680 006.
R1 BY ADV. SMT.RAJI T.BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 16308 of 2014 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. PHOTOCOPY OF THE ORDER DATED 28.09.12 OF THE CHIEF JUDICIAL MAGISTRATE, THRISSUR IN CRL.M.P.6878/12.
EXHIBIT P2. PHOTOCOPY OF THE JUDGMENT DATED IN W.P.(C)NO.7356/12.
EXHIBIT P3. PHOTOCOPY OF THE STATEMENT OF ACCOUNTS OF 2ND RESPONDENT DATED 20.03.13 ISSUED BY THE 1ST RESPONDENT BANK.
EXHIBIT P4. PHOTOCOPY OF THE SUMMONS DATED 01.01.14 IN OA. 560/13.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE.
Ms v/
P.R. RAMACHANDRA MENON, J.
W.P(C). No. 16308 of 2014
Dated this the 13th day of November, 2014
J U D G M E N T
The petitioner has approached this Court with the following
prayers:
Court on 27.06.2014, the following interim order was passed:
“Admit. Notice.
There shall be an interim stay of dispossession of the petitioner from the property threatened in pursuance of Ext.P1, for a period of one month, on condition of deposit of Rs.2,00,000/- (two lakhs only) within 2 weeks from today.”
Bank submits that, the condition has not been satisfied so far.
WP(c). No.16308 of 2014
2
it is a fit case to call for interference.
Accordingly, interference is declined and the writ petition stands dismissed.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn
1 issue framed by the court
Whether to grant leave to quash eviction orders and securitisation proceedings in a writ petition.
Madeesh M.P.
The Federal Bank Ltd., Puzhakkal Branch
Jyoti Madeesh
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
