This court dismissed the writ petition as premature and infructuous since the petitioner and bank reached a consensus via Lok Adalath, evidenced by final awards which are now executable.
Petition dismissed as infructuous due to settlement via Lok Adalath.
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 AMIT RAWAL
TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941
WP(C).No.1376 OF 2020(V)
PETITIONER:
MATHEW M.J. AGED 63 YEARS
S/O.MATHAI JOSEPH, MUNDYANIKKAL HOUSE, PALLIKARE, NILESHWAR, P.O.NILESHWAR, KASARAGOD DISTRICT.
BY ADVS. SRI.T.K.VIPINDAS KUM.NAYANA SUSHEELA SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN SRI.K.C.GINEEB
RESPONDENTS:
2 UNION BANK OF INDIA, REPRESENTED BY ITS MANAGER, NILESHWAR BRANCH, PIN-671314.
BY ADVS. SRI.A.S.P.KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C) No.1376 of 2020
JUDGMENT
The writ petition is totally premature in view of the fact that there is already discussion between the bank and the petitioner and arrived at a consensus figure through intervention of Legal Service Authority, that is the Lok Adalath, resulting into passing of award Exts.P4 and P5. The awards have attained finality, which can be executed in accordance with law.
Therefore, the petition has become infructuous. Consequently, the petition is dismissed as infructuous.
Sd/-
AMIT RAWAL, JUDGE
KAS
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W.P(C) No.1376 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 28.8.2017.
EXHIBIT P2 TRUE COPY OF THE ORDER IN S.A.217/2017 ON THE FILE OF DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 21.9.2019.
EXHIBIT P3 TRUE COPY OF THE PRE-LITIGATION PETITION SUBMITTED BY 2ND RESPONDENT BEFORE TALUK LEGAL SERVICES AUTHORITY, KASARAGOD.
EXHIBIT P4 TRUE COPY OF THE AWARD ISSUED BY THE LOK ADALATH HELD AT TALUK LEGAL SERVICE COMMITTEE, HOSDURG DATED 12.10.2019.
EXHIBIT P5 TRUE COPY OF THE AWARD ISSUED BY THE LOK ADALATH HELD AT TALUK LEGAL SERVICE COMMITTEE HOSDURG DATED 12.10.2019 IN RESPECT OF AGRICULTURAL LOAN.
EXHIBIT P6 TRUE COPY OF THE REMITTANCE SLIP DATED 30.12.2019 ISSUED BY 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL
MATHEW M.J.
THE AUTHORIZED OFFICER, UNION BANK OF INDIA, NILESHWAR BRANCH
UNION BANK OF INDIA
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
