Dismissed

Surendran K K v. Irinjalakuda Town Co-Operative Bank Ltd., NO.55

Kerala HC14 Feb 2023WP(C)/3072/2023

Case brief

AI extract

What is this about?

Petitioner sought writ permission to wipe off banking liabilities in instalments. Court noted disposal of prior writ due to non-compliance, auction of collateral by bank, and bar on approaching court again for similar relief, leading to dismissal.

What did the court decide?

None. Writ petition dismissed as petitioner barred from approaching court after failing to comply with prior order.

Surendran K K Vs Irinjalakuda Town… — Contract and Commercial Disputes | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944
WP(C) NO. 3072 OF 2023

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PETITIONER:

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SURENDRAN K K
AGED 66 YEARS, S/O. KUNJAYYAPPAN, KARAYIL THAIKOOT
HOUSE, KAZHIBRAM P O, THRISSIR, PIN - 680568

¶7

BY ADVS.
S.MUMTAZ
ALISHA ASLAM
AJITH M. JIJI
AMINA RUBY FAIZAL

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RESPONDENT:

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IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD. NO.55,
REPRESENTED BY THE AUTHORIZED OFFICER, HEAD OFFICE,
TANA SOUTH, IRINJALAKUDA, THRISSUR, PIN – 680 121

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BY ADV

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SRI. DEVAPRASANTH. P. J, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.3072 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W. P. (C). No. 3072 of 2023

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Dated this the 14^th day of February, 2023

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JUDGMENT

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The petitioner has approached this Court seeking permission to wipe off the liabilities to the respondent bank in instalments.

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The respondent bank appears through counsel and it is submitted that the petitioner had approached this Court earlier by filing WP(C) No.6289/2022, when proceedings under the SARFAESI Act was initiated and this Court had after noticing the fact that the petitioner had failed to comply with the conditions imposed in the interim order granted by this Court, disposed of the writ petition directing that if the petitioner files a proposal for settlement of the entire liability before a competent officer of the respondent bank, such proposal shall be considered by the bank and if the petitioner clears the entire liability as permitted by the bank, the property of the petitioner shall be restored/reconveyed to the petitioner.

¶21

Since the bank has already purchased the property in auction and the property has become a non banking asset of the bank, no relief could have been granted. Since the petitioner is bound by the judgment, it is not open to the petitioner to approach the court again

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WP(C) NO.3072 OF 2023

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with another writ petition and that too praying for permission to wipe off the outstanding liabilities in easy instalments.

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The writ petition fails and it is dismissed.

Sd/-

T.R. RAVI

JUDGE

ded/14.02.2023

WP(C) NO.3072 OF 2023

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¶32

APPENDIX OF WP(C) 3072/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE SALE NOTICE DATED
17/01/2022
Exhibit P2TRUE COPY OF THE NOTICE DATED 02/09/2022
ISSUED BY THE RESPONDENT BANK
Exhibit P3TRUE COPY OF THE PAYMENT RECEIPT SHOWING
PAYMENT OF RS. 3,50,000/- DATED 20.09.2022

Surendran K K v. Irinjalakuda Town Co-Operative Bank Ltd., NO.55

Case brief

What is this about?

What did the court decide?

Surendran K K v. Irinjalakuda Town Co-Operative Bank Ltd., NO.55

Case brief

What is this about?

What did the court decide?

What the court decided

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