Petitioner filed a writ challenge regarding a bank loan default and subsequent recovery action. Court dismissed the petition on non-appearance and non-compliance of undertakings.
Petition dismissed due to non-compliance of undertakings.
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WP(C).No.2112 OF 2020(L)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(C).No.2112 OF 2020(L)
PETITIONER/S:
AFITHKUMAR, AGED 38 YEARS HOUSE NO. 19/481, MULAKKUPURTH HOUSE, PEZHAKKAPALLY, MULAVOOR P.O. MUVATTUPUZHA, ERNAKULAM 686 673.
BY ADVS. SRI.A.RAJASIMHAN SMT.P.USHAKUMARI
RESPONDENT/S:
IDBI, CORPORATE BRANCH, PANAMPILLY NAGAR P.O. ERNAKULAM 682 036. ADVOCATE SRI. P.PAULOCHAN ANTONY FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2112 OF 2020(L)
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JUDGMENT
This Court had issued notice before admission to respondents on 27.1.2020. However, on 5.2.2020, there was no appearance for the petitioner.
After hearing learned Counsel for the Bank and in view of the the non-compliance of the undertakings by the petitioner and respondents 2 and 3, I do not think anything survives to be considered in this matter. Accordingly, the writ petition is dismissed.
Sd/
AMIT RAWAL
JUDGE
jm/
WP(C).No.2112 OF 2020(L)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LEASE DEED DATED 9.2.2015. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.12.2019 ISSUED BY THE ADVOCATE COMMISSIONER.
1 issue framed by the court
Whether the writ petition survives given the non-compliance of undertakings to surrender property or pay off liability.
AFITHKUMAR
AUTHORISED OFFICER, IDBI
SUNIL KUMAR RAJAN MENON
RADHIKA SUNIL KUMAR
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
