Dismissed

K.Noushad v. the Chief Manager, Indian Overseas Bank

Kerala HC19 Feb 2016WP(C)/3016/2016

Case brief

AI extract

What is this about?

High Court of Kerala dismissed this writ petition challenging steps taken by the respondent bank for loan recovery. The Court held that the petitioner failed to comply with a prior stay order conditioned on payment of Rs.3 lakhs, denying any discretionary relief under Article 226.

What did the court decide?

The writ petition is dismissed for lack of compliance with prior interim order conditions, denying discretionary relief.

K.Noushad Vs the Chief Manager, Indian Overseas Bank — Banking and Recovery | Kerala HC (2016)

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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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FRIDAY, THE 19TH DAY OF FEBRUARY 2016/30TH MAGHA, 1937

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WP(C).No. 3016 of 2016 (B)

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PETITIONER:

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K.NOUSHAD, AGED 42 YEARS, S/O.IBRAHIM, PROPRIETOR, 'HOME TOUCH RESTAURANT', NEAR BAKKALAM, KANOOL.P.O, THALIPARAMBU, KANNUR DISTRICT.

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BY ADVS.SRI.A.K.ABDUL AZEEZ SRI.IVANS C. CHAMAKKAL

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RESPONDENT(S):

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1. THE CHIEF MANAGER, INDIAN OVERSEAS BANK, KANNUR-670001.

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2. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE,

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THALIPARAMBU, KANNUR DISTRICT-670141.

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3. THE MANAGER,

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INDIAN OVERSEAS BANK, KANNUR-670001.

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4. THE VILLAGE OFFICER, VILLAGE OFFICE, KALLIASSERY, KANNUR-670562.

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R1 & R3 BY ADV. SRI.SUNIL SHANKAR, SC R2 & R4 BY GOVERNMENT PLEADER SMT.LILLY.K.T

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 3016 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1 : TRUE COPY OF THE DEMAND PRIOR TO ATTACHMENT OF LAND FORM 10 DATED 21.3.2015 ISSUED BY 2ND RESPONDENT.

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P2 : TRUE COPY OF FORM I DEMAND NOTICE U/S 7 DATED 21.3.2015 ISSUED BY THE 2ND RESPONDENT.

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P3 : TRUE COPY OF THE JUDGMENT DATED 8.6.2015 IN WP(C)16604/2015.

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P4 : TRUE COPY OF THE INTERIM ORDER DATED 3.7.2015 VIDE I.A.8940 OF 2015 IN WP(C)16604/2015.

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P5 : TRUE COPY OF THE STATEMENT OF ACCOUNTS IN ALL THE LOAN ACCOUNTS.

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P6 : TRUE COPY OF THE REQUEST DATED 28.10.2015 SUBMITTED BEFORE THE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.K.JAYASANKARAN NAMBIAR, J.

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.............................................................

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W.P.(C).No.3016 Of 2016

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.............................................................

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Dated this the 19^th day of February, 2016

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J U D G M E N T

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The petitioner, had approached this Court aggrieved by the steps taken by the respondent bank for recovery of defaulted loan amounts. When the matter come up for admission, despite the fact that the petitioner had earlier approached this Court through another writ petition and obtained orders of instalments which he did not comply with, this Court showed some indulgence in the matter and directed a stay of recovery proceedings, on condition that the petitioner paid an amount of Rs.3,00,000/- to the 1^st respondent within 10 days from 29.01.2016. When the matter was taken up for orders today, it is submitted by the learned counsel for the petitioner that the petitioner has not complied with the directions in the interim order dated 29.01.2016. Under the said circumstances, I am of the view that, the petitioner cannot aspire for any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India.

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Resultantly, the writ petition fails and is accordingly dismissed.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/19.02.16

K.Noushad v. the Chief Manager, Indian Overseas Bank

Case brief

What is this about?

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K.Noushad v. the Chief Manager, Indian Overseas Bank

Case brief

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