Petitioner failed to comply with interim order conditions regarding payment of defaulted loan amount. Court dismissed writ petition, holding no discretionary relief is available in such circumstances.
Writ petition dismissed as petitioner failed to comply with interim order directions regarding payment of defaulted loan amount.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937
WP(C).No. 6154 of 2016 (T)
PETITIONER'S:
1. SMT.USHAKUMARI.S,USHA BHAVAN,ANAKKUNNAM, PALLIKKAL P.O,CHIRAYINKIL TALUK, THIRUVANANTHAPURAM DISTRICT
2. SMT.SARASWATHI BAI,USHA BHAVAN,ANAKKUNNAM, PALLIKKAL P.O,CHIRAYINKIL TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.T.S.RADHAKRISHNA PILLAI
SRI.T.R.RAJEEV SRI.T.P.RAJENDRAN NAIR
RESPONDENT:
THE AUTHORIZED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE,FORT,THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT,PIN-695023.
BY SRI.T.R.HARIKUMAR,SC,THIRUVANANTHAPURAM DIST.CO.BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PTO
WP(C).No.6154 of 2016 (T)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBIT:
NIL
//TRUE COPY//
P.S. TO JUDGE
sk
A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.6154 of 2016
............................................................. Dated this the 16th day of March, 2016
J U D G M E N T
The petitioner is aggrieved by the steps taken by the respondent bank for recovery of the defaulted loan amounts. When the matter was taken up for admission on 18.02.2016, this Court had granted an interim stay as prayed for on condition that the petitioner paid an amount of Rs.75,000/- on or before 29.02.2016. Thereafter, when the matter came up for orders on 08.03.2016, this Court, acting on the submission of counsel for the petitioner that some more time was required to pay the amount, posted the matter to today as a last chance. When the matter was taken up for orders today, it is submitted by counsel for the petitioner that the petitioner has not complied with the directions in the interim order referred above. 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.
Resultantly, the writ petition fails and is accordingly dismissed.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/16.3.16
W.P.(C). No. of
-2-
1 issue framed by the court
Whether a writ petition for recovery of defaulted loan amounts can be entertained when the petitioner fails to comply with interim order conditions.
SMT.USHAKUMARI.S
SMT.SARASWATHI BAI
THE AUTHORIZED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK
AK JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
