Dismissed

Joseph M.J. v. the Irinjalakuda Town Co-Operative Bank

Kerala HC8 Apr 2015WP(C)/3981/2015

Case brief

AI extract

What is this about?

The writ petition filed by borrowers against a bank for recovery proceedings under the SARFAESI Act was dismissed. The court found that the petitioner failed to comply with the interim stay order granted earlier, which required payment of Rs.7,50,000/-, thus disentitling them to the discretionary relief under Article 226.

What did the court decide?

The writ petition was dismissed as the petitioner failed to comply with the interim direction to pay Rs.7,50,000/-.

Joseph M.J. Vs the Irinjalakuda Town… — Contract and Commercial Disputes | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937

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WP(C).NO. 3981 OF 2015 (W)

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PETITIONERS:

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1. JOSEPH M.J., S/O.JOSEPH, AGED 58 YEARS MULLAKKARIL HOUSE, THODUPUZHA P.O., IDUKKI DISTRICT, PROPRIETOR

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M/S HOTEL HIGHWAY RESORTS PUDUKAD,

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THRISSUR, THRISSUR DISTRICT, PIN -680 301.

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2. TESSY JOSEPH, AGED 55 YEARS, W/O.JOSEPH MULLAKKARIL HOUSE, THODUPUZHA P.O.,

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IDUKKI DISTRICT, PROPRIETOR

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M/S HOTEL HIGHWAY RESORTS, PUDUKAD

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THRISSUR, THRISSUR DISTRICT, PIN -680 301

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BY ADV. SRI.ALIAS M.CHERIAN

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RESPONDENTS:

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1. THE IRINJALAKUDA TOWN CO-OPERATIVE BANK, HEAD OFFICE AT TANA SOUTH, IRINJALAKUDA- 680 121 THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER.

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2. THE AUTHORIZED OFFICER, THE IRINJALAKUDA TOWN CO-OPERATIVE BANK, HEAD OFFICE AT TANA SOUTH, IRINJALAKUDA- 680 121, THRISSUR DISTRICT.

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R1 BY SRI.DEVAPRASANTH.P.J., SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO. 3981 OF 2015 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT.P1: TRUE COPY OF DEMAND NOTICE NO.101/94-2014/OD 2052 DATED 30.01.2014. EXT.P2: TRUE COPY OF DEMAND NOTICE NO.101/95-2014/MTN 8548 DATED 30.01.2014. EXT.P3: TRUE COPY OF REPRESENTATION DATED 4.2.2015.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.3981 of 2015 (W)

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............................................... Dated this the 8^th day of April, 2015

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JUDGMENT

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The petitioner, who had availed of a loan from the respondent Bank, defaulted in repayment of the same. When the respondent Bank initiated proceedings under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the loan amount, the petitioner approached this Court through the present writ petition.

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When the matter came up for orders on 11.03.2015, considering the prayer of the petitioner for a grant of stay, and to test the petitioner's bonafides with regard to the repayment of the amounts to the respondent bank, this Court had granted the petitioner an interim stay pursuant to Exts.P1 and P2 demand notices, on condition that the petitioner pays an amount of Rs.7,50,000/- on or before 27.03.2015.

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When the matter was called today, it is pointed out by the learned counsel for the petitioner that, the interim direction of this Court has not been complied with by the petitioner.

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Under the said circumstances, I am of the view that, the petitioner is not entitled to the discretionary relief of this Court under Article 226 of the Constitution of India. Resultantly, this writ petition fails and it is accordingly dismissed.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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AMV/08/04/

Joseph M.J. v. the Irinjalakuda Town Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Joseph M.J. v. the Irinjalakuda Town Co-Operative Bank

Case brief

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What did the court decide?

What the court decided

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