Dismissed

Devadas M., v. Nanniyode Service Co-Operative Bank LTNO.1161

Kerala HC22 Nov 2018WP(C)/27984/2018

Case brief

AI extract

What is this about?

Petitioner sought a stay on bank recovery proceedings to grant installment payments. Following the petitioner's death, the court noted no instruction from legal heirs. The petition was dismissed as having abated due to the petitioner's death without representation.

What did the court decide?

None granted; petition dismissed as abated due to petitioner's death.

Devadas M., Vs Nanniyode Service Co-Operative Bank… — Consumer Protection | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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THURSDAY ,THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940

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WP(C).No. 27984 of 2018

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PETITIONER/S:

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DEVADAS M., AGED 44 YEARS, S/O.MIHAYAL, PRASANNALAYAM, MEENMUTTI P.O, TRIVANDRUM

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BY ADV. SRI.M.R.SARIN

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RESPONDENT/S:

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1 NANNIYODE SERVICE CO-OPERATIVE BANK LTD.NO.1161 NANIYODE P.O, TRIVANDRUM REPRESENTED BY ITS MANAGER 695562 2 JUNIOR INSPECTOR, SPECIAL SALE OFFICER, NANNIYODE SERVICE CO-OPERATIVE BANK LTED NO 1161 NANIYODE P.O., TRIVANDRUM - 695562 BY ADVS. DR. K.P PRADEEP SMT.T.THASMI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27984 of 2018

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JUDGMENT

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The petitioner, who availed a personal loan for Rs.8,50,000/- from the 1^st respondent Bank in the year 2014, has filed this writ petition under Article 226 of the Constitution of India,

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seeking a writ of mandamus commanding the respondents to grant 35 equal monthly instalments for repayment of the entire amount due to the Bank.

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On 20.08.2018, when this writ petition

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came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2 returnable within three weeks. This Court granted an interim stay of all recovery proceedings pursuant to Exts.P1 and P3 for a period of one month, on condition that the petitioner deposits a sum of Rs.2,00,000/- with the 1^st respondent within three weeks.

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On 24.09.2018, when this writ petition

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came up for consideration, it was submitted by

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WP(C).No. 27984 of 2018

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the learned counsel for the petitioner that the

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petitioner has already paid a sum of Rs.2,00,000/- with the 1^st respondent Bank, in terms of the order of this Court dated 20.08.2018. Thereafter, on 03.10.2018, it was reported by the learned counsel for the petitioner that the petitioner is no more. The learned counsel sought time to implead the legal heirs of the deceased petitioner, as supplemental petitioners.

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Today, when the case is taken up for

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further consideration, the learned counsel for the petitioner would submit that he has no instruction from the legal heirs of the deceased petitioner.

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In such circumstances, this writ petition is dismissed as abated.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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WP(C).No. 27984 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT TO PETITIONER ON 7.6.18 EXHIBIT P2 THE TRUE COPY OF RECEIPT ISSUED BY THE AUTHORIZED OFFICER OF THE 1ST RESPONDENT ON 13.6.18.

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EXHIBIT P3 THE TRUE COPY NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ON 28.6.18

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AV/23/11

Devadas M., v. Nanniyode Service Co-Operative Bank LTNO.1161

Case brief

What is this about?

What did the court decide?

Devadas M., v. Nanniyode Service Co-Operative Bank LTNO.1161

Case brief

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What did the court decide?

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