Petitioner challenged recovery steps initiated by respondents. Petitioner failed to pay the conditioned interim amount despite filing an extension petition. Court dismissed appeal for non-compliance with Article 226.
Petitioner's writ petition dismissed for failure to comply with interim order conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
WP(C).No.21979 OF 2020(V)
PETITIONER:
CHEVRON BUILDERS AND REALTORS PVT. LTD., RETNAM COMPLEX,OPP.SUNTEC,VIKRAMAPURAM HILL,KURAVANKONAM,KOWDIAR.P.O, THIRUVANANTHAPURAM-695003,REPRESENTED BY ITS MANAGING DIRECTOR JOE THOMAS GEORGE.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS:
1 HDFC LTD., HDFC HOUSE,P.B.NO.2288,VAZHUTHACAUD, THIRUVANANTHAPURAM DISTRICT-695010, REPRESENTED BY DEPUTY MANAGER AND BUSINESS HEAD,SOUTHERN KERALA,HDFC LTD, HDFC HOUSE,P.B.NO.2288,VAZHUTHACAUD, THIRUVANANTHAPURAM DISTRICT-695010.
3 THE BRANCH MANAGER, HDFC LTD,HDFC HOUSE,P.B.NO.2288, VAZHUTHACAUD,THIRUVANANTHAPURAM DISTRICT-695010. R1-2 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R1-2 BY ADV. SMT.S.AMBILY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).No.21979 OF 2020(V)
JUDGMENT
The petitioner has approached this Court aggrieved by the recovery steps initiated by the respondents for recovery of defaulted loan amounts. When the matter came up for admission on the last occasion this Court had directed the stay of recovery steps on condition that the petitioner paid an amount of Rupees Fifty Lakhs on or before 18.12.2020. When the matter was taken up today, the learned counsel for the petitioner would submit that no amount has been paid in compliance with the directions in the interim order, but a petition for extension of time has been filed. Taking note of the said submission and finding that the petitioner has not complied, even partly, with the directions in the interim order dated 17.11.2020, I find that the petitioner cannot aspire for any discretionary relief of this Court in these proceedings under Article 226 of the Constitution of India. The writ petition, therefore, fails and is accordingly dismissed.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE
mns/18.12.2020
3
WP(C).No.21979 OF 2020(V)
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 TRUE COPY PETITIONER RESPONDENT |
OF SUB DATED |
T MITT 26. |
HE REQUEST OF THE ED BEFORE THE 1ST 02.2020 |
|---|---|---|---|
| EXHIBIT P2 TRUE COPY RESPONDENT |
OF DATED |
THE 27. |
NOTICE OF THE 2ND 08.2020. |
| EXHIBIT P3 TRUE COPY RESPONDENT |
OF DATED |
THE 08. |
NOTICE OIF THE 2ND 09.2020. |
| EXHIBIT P4 TRUE COPY PETITIONER |
OF T DATED |
HE 09. |
REPRESENTATION OF THE 09.2020. |
| EXHIBIT P5 TRUE COPY RESERVE BAN |
OF TH K OF |
E C INDI |
IRCULAR ISSUED BY THE A DATED 06.08.2020. |
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
1 issue framed by the court
Whether a petitioner can seek discretionary relief under Article 226 when failing to comply with interim order conditions.
1 provisions across 1 enactments
CHEVRON BUILDERS AND REALTORS PVT. LTD.
HDFC LTD.
AUTHORIZED OFFICER UNDER THE SARFAESI ACT, HDFC LTD
THE BRANCH MANAGER, HDFC LTD
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
