In a writ petition challenging recovery proceedings, the Kerala High Court noted the petitioner was consistently absent and failed to demonstrate bona fides by complying with an interim order requiring a deposit. The court dismissed the petition as meritless without further hearing.
The writ petition was dismissed as meritless.
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 SUNIL THOMAS
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.721 OF 2021(M)
PETITIONER:
SHAMEER.K, AGED 34 YEARS S/O.KASSIMKUNJU, KASIX MANZIL, VADAKKUMTHALA P.O., KARUNAGAPALLY, KOLLAM DISTRICT-690536.
BY ADV. SRI.V.A.VINOD
RESPONDENT:
THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS BRANCH MANAGER, KARUNAGAPALLY EVENING BRANCH, KARUNAGAPALLY, KOLLAM-690518.
OTHER PRESENT:
SC,SRI.P.C SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.721 OF 2021(M)
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JUDGMENT
Dated this the 16th day of March 2021
The petitioner challenges the recovery proceedings initiated against the surety. The petitioner offering to make the payment by himself if installment prayer is granted, had approached this Court.
WP(C).No.721 OF 2021(M)
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consistently absent. There is no representation also.
Evidently, the petitioner has no bonafides in approaching this Court with a prayer as sought. The respondent
remained present through out the proceedings.
Accordingly, I am inclined to dismiss the writ petition
as meritless.
Sd/-
SUNIL THOMAS
JUDGE
SKP/16-3
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REQUEST FOR RECOVERY OF SALARY ISSUED BY THE 1ST RESPONDENT DATED 28.11.2019.
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY P.A. TO JUDGE
3 issues framed by the court
Whether the writ petition challenging recovery proceedings initiated against the petitioner should be dismissed due to the petitioner's consistent absence and lack of bona fides.
Whether the petitioner complied with the interim order to deposit Rs.1,00,000/- to show bona fides.
Whether the writ petition is meritless on the face of the record due to the petitioner's failure to appear or present representation.
SHAMEER.K
THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD.
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
