A writ petition challenging coercive bank proceedings and seeking directions to issue account statements and a time extension to regularize loans. The Court found it was not a fit case for judicial intervention under Article 226 and dismissed the petition.
None granted; petition dismissed without prejudice.
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 P.R.RAMACHANDRA MENON
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2014/21ST KARTHIKA, 1936
WP(C).No. 26665 of 2014 (G)
PETITIONER(S):
1. M/S. RELIANCE SECURITY AGENCY,
2. T.K.SAMBASIVAN, AGED 65 YEARS, S/O.T.V.KUTTAPPAN, JYOTHI NILAYAM, PRAYAR NORTH P.O. ALLEPPEY DISTRICT.
3. B.SHYLAJA,
4. S.SANJEEV,
5. L.R.LEKSHMI,
6. REJEESH, S/O.T.K.SAMBASIVAN, JYOTHI NILAYAM, PRAYAR NORTH P.O. ALLEPPEY DISTRICT.
BY ADVS.SRI.P.HARIDAS
SMT.S.SIKKY
RESPONDENT(S):
1. VIJAYA BANK, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE 1ST FLOOR, JOSE ANNEX, JOSE JUNCTION M.G.ROAD, ERNAKULAM-682016.
2. MANAGER, VIJAYA BANK, KARUNAGAPPALLY BRANCH, KING CITY ARCADE KARUNAGAPPALLY, KOLLAM-690518.
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....2/-
..2..
WP(C).No. 26665 of 2014 (G)
3. CHIEF MANAGER, VIJAYA BANK, KESAVADASAPURAM THIRUVANANTHAPURAM-695001.
BY ADV. SMT.LATHA KRISHNAN,SC, VIJAYA BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26665 of 2014 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.R. RAMACHANDRA MENON, J.
W.P(C). No. 26665 of 2014
Dated this the 12th day of November, 2014
J U D G M E N T
The petitioners have approached this Court with the
following prayers:
“The learned counsel for the respondent Bank has filed a statement showing the particulars of the different loan transactions as per which a sum of more than Rupees Twenty Six lakhs is overdue in respect of the defaulted instalments. It is also pointed out that the coercive proceedings were stopped on the basis of the assurance given by the petitioners on 07.04.2014,
WP(c). No. 26665 of 2014
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and subsequently on 18.09.2014 and lastly on 07.10.2014, promising to remit a sum of Rupees Ten lakhs forthwith and another sum of Rupees Fifty Lakhs on or before 11.10.2014.
The learned counsel for the petitioners submits that the petitioners has have deposited a sum of Rupees One lakh yesterday and Rupees Three lakhs today and that steps are being taken to effect further deposits immediately.
The petitioners are required to satisfy a sum of Rupees Six lakhs on or before 30.10.2014.
List the matter for further consideration on 04.11.2014.”
WP(c). No. 26665 of 2014
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Writ petition is dismissed without prejudice to the rights and liberties of the petitioners to pursue other appropriate remedy, if any, in accordance with law.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn
2 issues framed by the court
Whether this Court can invoke Article 226 of the Constitution of India to grant relief in a dispute over non-payment of loan installments by petitioners.
Whether the Court can direct the bank to issue fresh account statements or grant time to pay arrears when the petitioners have defaulted on court undertakings.
M/s. Reliance Security Agency and others
Vijaya Bank
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
