The High Court of Kerala dismissed a writ appeal filed against a Single Judge's order holding a petition not maintainable due to the suppression of material facts regarding an earlier challenge to the same recovery proceedings.
The writ appeal is dismissed on the ground that the petitioner suppressed material facts.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937
WA.No. 866 of 2015 ()
-----------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 9022/2015 DATED 09-04-2015) -----------
APPELLANT/PETITIONER IN WP(C) :
JAYALAL D., THADISSERIL HOUSE, KOZHIMALA P.O, THIRUVALLA, PATHANAMTHITTA.
BY ADV. SRI. SAJEEVKUMAR
RESPONDENT/RESPONDENT IN WP(C) :
THE CHIEF MANAGER/AUTHORISED OFFICER, THE FEDERAL BANK LTD, THOTTABHAGOM BRANCH, GROUND FLOOR, MELEKAYIL BLDING, THOTTABHAGOM P.O., KAVIYOOR, THIRVALLA, PATHANAMTHITTA -689 541
BY SRI.A.ANTONY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
**ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.A.No.866 of 2015
Dated this the 9th day of June 2015
J U D G M E N T
Ashok Bhushan, CJ
This writ appeal has been filed against the judgment dated 09/04/2015 in W.P.C.No.9022/2015, by which the learned Single Judge dismissed the writ petition as not maintainable.
W.A.No.866/2015
2
of the bank in taking steps for recovery of the very same loan amount. The learned Single Judge further opined that special remedy under Article 226 of the Constitution of India cannot be availed by a person who chooses to suppress the materials facts from the Court.
We do not find any error in the judgment of the learned Single Judge dismissing the writ petition. Writ petitioner, having chosen to suppress the material facts, we dismiss this writ appeal.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE)
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
W.A.No.866/2015
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W.A.No.866/2015
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2 issues framed by the court
Whether the writ appeal should be dismissed on the ground that the petitioner suppressed material facts regarding an earlier writ petition.
If a petitioner suppresses material facts, can special remedy under Article 226 of the Constitution of India be availed?
2 provisions across 2 enactments
Jayalal D.
The Chief Manager, Federal Bank Ltd.
Ashok Bhushan
A.M. Shaaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
