Writ petition seeking mandamus to regularize a loan account or permit installment liquidation without recovery proceedings was dismissed as withdrawn, while the petitioner's right to file a proper petition was reserved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 172 of 2019
PETITIONER:
MALLIKA
AGED 51 YEARS W/O. RADHAKRISHNAN, CHATHAMKUDATH HOUSE, ARIPALAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPRAM TALUK, THRISSUR DISTRICT.
BY ADV. SRI.N.L.BITTO
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.172 of 2019
:-2-:
J U D G M E N T
The petitioner, who availed a loan for Rs.7
lakhs from the 1st respondent Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to regularise the loan account or to permit her to liquidate the entire liability
in instalments and till such time, not to initiate any recovery proceedings on the basis of Ext.P1 demand notice.
which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and
W.P.(C)No.172 of 2019
:-3-:
prove such facts by evidence which must appear from
the writ petition and if he is the respondent, from the counter-affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter affidavit, as the case may be, the Court will not entertain the point. The Apex Court held further
that there is a distinction between a pleading under the Code of Civil Procedure Code, 1908 and a writ petition or a counter-affidavit. While in a pleading, i.e., a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counteraffidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it.
for consideration, the learned counsel for the petitioner sought time and accordingly the matter
W.P.(C)No.172 of 2019
:-4-:
is listed today for further consideration.
petitioner would submit that there is an omission
on the part of the petitioner in stating the
necessary particulars of the loan account in
question, namely, the date of availing the loan, details of repayment, if any made, etc. in the writ
petition. Therefore, the petitioner may be
permitted to withdraw this writ petition, without prejudice to her right to file proper writ petition with appropriate pleadings.
Recording the above submission made by the learned counsel for the petitioner, this writ
petition is dismissed as withdrawn, reserving the
aforesaid right of the petitioner.
Sd/-
ANIL K.NARENDRAN
ami/11.1.19
Mallika
The Poomangalam Service Co-Operative Bank Ltd.
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
