Writ appeal filed challenging the dismissal of a writ petition regarding bank loan recovery. The appeal was filed in appeal against the judgment in WPC 18875/2017.
Writ appeal dismissed as withdrawn.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
WA NO. 1609 OF 2017
AGAINST THE JUDGMENT IN WPC 18875/2017 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANTS/PETITIONERS:
1ABRAHAM KURIAN
S/O.KURIAN, PROPRIETOR,
M/S.THAMES VALLEY PACKAGED DRINKING WATER,
RESIDING AT PERIYAPURATHU HOUSE, MADURAVELI,
AYAMKUDI P O, MUTTUCHIRA, KOTTAYAM 686 613.
2KOCHU THRESIA
W/O.ABRAHAM KURIAN, PERIYAPURATHU HOUSE,
MADURAVELI, AYAMKUDI P O, MUTTUCHIRA, KOTTAYAM 686 613.
BY ADV E.A.BIJUMON
RESPONDENTS/RESPONDENTS:
1THE AUTHORISED OFFICER,
SOUTH INDIAN BANK LTD., REGIONAL OFFICE,
FIRST FLOOR, REGENCY SQUARE, COLLECTORATE,
KOTTAYAM DISTRICT, PIN-686 004.
2THE BRANCH MANAGER
SOUTH INDIAN BANK LIMITED, KOTHANALLOOR BRANCH,
KOTHANALLOOR P O, KOTTAYAM DISTRICT, PIN-686 632.
SRI. K.K.JOHN SC FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1609 of 2017
2
JUDGMENT
Dated this the 24th day of November, 2021
S.Manikumar, C.J.
Being aggrieved by the judgment in W.P.(C)No.18875 of 2017 dated 07.06.2017, instant writ appeal is filed.
3. After considering the submissions, writ court ordered
thus:
“The petitioner, who is aggrieved by the steps initiated by the respondent bank for recovery of defaulted loan amounts, had already approached this Court through W.P.(C).No.41339 of 2016 when the respondents had initiated similar steps on an earlier occasion. In the said Writ Petition, by Ext.P2 judgment, this Court had granted the petitioner the facility of payment of the defaulted
W.A.No.1609 of 2017
3
amount in installments, and to continue to pay the regular monthly installments as per the original loan schedule as a condition for keeping the recovery steps in abeyance. It is not in dispute that the petitioner has not effectively complied with the directions in Ext.P2 judgment. Under the said circumstances, I am of the view that the petitioner is not entitled to any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India. The writ petition fails, and is accordingly dismissed.”
that the writ appeal may be dismissed as withdrawn.
Placing on record the above submission, writ appeal is dismissed as withdrawn.
Pending interlocutory applications, if any, shall stand closed.
Sd/- S.Manikumar Chief Justice
Sd/- Shaji P.Chaly Judge
vpv
//true copy//
P.A. to Judge
Abraham Kurian
Kochu Thresia
The Authorised Officer, South Indian Bank Ltd.
The Branch Manager, South Indian Bank Limited
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court