In this writ petition regarding bank dues and recovery proceedings, the petitioner failed to provide instructions or payment. Consequently, the Court dismissed the petition for non-prosecution.
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 N.NAGARESH
TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945
WP(C) NO. 18980 OF 2022
PETITIONER:
AMBIKA RAJU,
AGED 52 YEARS
W/O LATE RAJU, KURIYATTUKUNNEL HOUSE,
KADAYIRUPPU, AIKKARANADU NORTH VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
PIN-683 565.
BY ADVS.
GEORGE SEBASTIAN
EBY P.PAUL
RESPONDENTS:
1 THE SENIOR INSPECTOR/ SPECIAL SALE OFFICER THE KERALA STATE CO-OPERATIVE BANK LIMITED, THRISSUR REGION, KAKKANADU, ERNAKULAM DISTRICT, PIN-682 030.2 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF THE COOPERATIVE SOCIETIES, KAKKANAD, ERNAKULAM, PIN-682 030.3 THE KERALA STATE CO-OPERATIVE BANK, KOLENCHERY BRANCH, KUNNATHUNDU TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN-682 310.BY ADV N.RAGHURAJ
SMT.RESMI THOMAS-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.18980 Of 2022
2
JUDGMENT
Dated this the 12th day of December, 2023
The petitioner approached this Court seeking to quash Exts.P1 to P3 or to direct the 3rd respondent to permit the petitioner to pay the dues in instalments and to keep recovery proceedings in abeyance till the amount is paid in instalments.
WP(C) NO.18980 Of 2022
3
4. Counsel for the petitioner submits that in spite of
earnest efforts, he could not get instructions from the petitioner.
In the circumstances, the writ petition is dismissed for
non-prosecution.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.18980 Of 2022
4
APPENDIX OF WP(C) 18980/2022
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE NOTICE DATED
2.4.2022 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER
Exhibit P2A TRUE COPY OF THE SALE NOTICE DATED
18.5.2022 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER AND OTHER CO-OWNERS
IN FROM 8
Exhibit P3A TRUE COPY OF THE NOTICE DATED
18.5.2022 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER AND OTHER CO-OWNERS
IN FORM 9
RESPONDENT’S ANNEXURES
ANNEXURE R3(A)TRUE PHOTOCOPY OF THE AWARD IN ARC
NO.210 OF 2015 DATED 18.03.2019
Ambika Raju
The Senior Inspector/Special Sale Officer The Kerala State Co-operative Bank Limited Thrissur Region Kakkanad Ernakulam
The Assistant Registrar (General) of Co-operative Societies Offices of the Assistant Registrar (General) of the Co-operative Societies Kakkanad Ernakulam
The Kerala State Co-operative Bank Kolenchery Branch Kunnathundu Taluk Ernakulam
N. Nagareesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court