Writ petition challenging loan recovery measures sought to be withdrawn by petitioner who remitted part of the loan. Court dismissed petition as withdrawn without prejudice to statutory remedies.
Petition dismissed as withdrawn with permission to avail statutory remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940
WP(C).No. 30845 of 2018
PETITIONER/S:
DR. JITHU V. THOMAS AGED 33 YEARS S/O.GEORGE THOMAS, THUNDIYIL HOUSE, THELLIYOOR P.O, THIRUVALLA (VIA), MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT 689544.
BY ADVS. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001.
2 PATHANAMTHITTA DISTRICT CO OPERATIVE BANK REPRESENTED BY IT'S GENERAL MANAGER, PATHANAMTHITTA.P O,PATHANAMTHITTA DISTRICT – 689 645.
3 THE BRANCH MANAGER, PATHANAMTHITTA DISTRICT CO OPERATIVE BANK,PURAMATTAM BRANCH,VENNIKULAM.P.O,THIRUVALLA(VIA),MALLAPPALLY TALUK,PATHANAMTHITTA DISTRICT-689544.
BY ADV. T.P.PRADEEP
BY SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30845 of 2018
2
JUDGMENT
The petitioner, who is a Doctor by profession,
who availed a loan for Rs.40,00,000/- from the 2nd respondent Bank, has filed this writ petition
under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 notice issued under Section 80 of the Code of Civil Procedure, 1908 and a writ of mandamus
commanding the 2nd respondent to consider Ext.P6 representation dated 15.09.2018 in the light of
the circulars issued by the Reserve Bank of India read with the order of moratorium on loans and pass orders.
up for admission, the learned Senior Government Pleader and also the learned counsel appearing for
respondents 2 and 3 sought time to get
instructions.
2nd respondent Bank was directed to make available
WP(C).No. 30845 of 2018
3
for the perusal of this Court the files containing
the loan application made by the petitioner and also the documents enclosed therewith. On 31.10.2018, the said files were made available for the perusal of this Court.
respondents 2 and 3.
memo dated 29.10.2018 seeking permission to
withdraw this writ petition. The said memo reads thus:
“It is respectfully submitted that for availing the statutory remedies in the subject matter case, the petitioner is interested in withdrawing the above writ petition. Hence, it is humbly prayed that this Hon'ble Court may be pleased to dispose of the above writ petition as withdrawn with permission to availing the statutory remedies in the subject matter.”
petitioner, the learned Senior Government Pleader appearing for the 1st respondent State and also the
learned Standing Counsel for the 2nd respondent
WP(C).No. 30845 of 2018
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District Co-operative Bank representing respondents
2 and 3.
would submit that since the moratorium granted by
the 1st respondent State is not applicable in
respect of loans other than agricultural loans,
the petitioner may be permitted to withdraw this
writ petition, as sought for in the memo dated 29.10.2018.
respondents 2 and 3 would submit that subsequent
to the filing of this writ petition, the
petitioner has remitted a sum of Rs.15,00,000/- on 17.10.2018.
In such circumstances, this writ petition is
dismissed as withdrawn, without prejudice to the right, if any, if the petitioner to pursue Exts.P5 and P6, in accordance with law.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/12/11
2 issues framed by the court
Whether to permit withdrawal of writ petition seeking quashing of Section 80 CrPC notice and mandamus for consideration of moratorium.
Whether petitioner's remittance of Rs.15,00,000/- affects merits of the writ petition.
2 provisions across 2 enactments
Dr. Jithu V. Thomas
State of Kerala
Pathanamthitta District Co-operative Bank
The Branch Manager, Pathanamthitta District Co-operative Bank, Puramattam Branch
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
