This judgment dismisses a writ petition filed to regularize a loan account via equated monthly instalments. The court recorded the petitioner's submission that the dispute was settled out of court, rendering the petition infructuous.
Writ petition dismissed as infructous due to out-of-court settlement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 16TH DAY OF JUNE 2023 / 26TH JYAISHTA, 1945
WP(C) NO. 9033 OF 2020
PETITIONER:
JOSHY M.B.
AGED 51 YEARS
S/O. BHASKARAN, MADATHIPARAMBIL HOUSE, KUTTOOR VILLAGE,
KUTTOOR DESOM, THRISSUR,PIN-680 013
BY ADVS.
SRI.V.M.ALI
SMT.SMITHA VARGHESE
RESPONDENTS:
1 THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE BRANCH, TUSA ROAD, KOVILAKTHUMPADAM, THIRVAMBADY P.O., THRISSUR-680 0222 THE AUTHORISED OFFICER,THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED,HEAD OFFICE
BRANCH, TUDA ROAD, KOVILAKTHUMPADAM, THIRUVAMBADY P.O.,
THRISSUR-680 022
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.9033 of 2020
2
C.S.DIAS, J.
-------------------------
W.P.(C.) No. 9033 of 2020
-------------------------
Dated this the 16th day of June, 2023 JUDGMENT
The writ petition is filed to direct the 1st respondent bank to permit the petitioner to pay the overdue amount in equated monthly instalments and regularise the loan account in equated monthly instalments.
Today when the writ petition was taken up for consideration, the learned counsel for the petitioner submitted that the subject matter in the dispute between the petitioner and the 1st respondent bank has been settled out of court. The said submission is recorded. This writ petition is dismissed as infructous.
Sd/-
C. S. DIAS
JUDGE
SM
WPC No.9033 of 2020
3
PETITIONER EXHIB |
ITS |
|---|---|
EXHIBIT P1 |
A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND |
RESPONDENT UNDER SECTION 13 (4) OF THESARFAESI ACT DATED 15.02.2019 AND ITSTRANSLATION |
|
EXHIBIT P2 |
A TRUE COPY OF THE LETTER DATED 04.03.2020 |
AND ITS TRANSLATION |
|
Exhibit P3 |
TRUE COPY OF THE MARRIAGE INVITATION CARD |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
1 issue framed by the court
Whether the writ petition to permit payment of overdue amount in instalments remains maintainable after an out-of-court settlement.
1 provisions across 1 enactments
Joshy M.B.
The Branch Manager, Thirssur District Co-Operative Bank Limited
The Authorised Officer, Thirssur District Co-Operative Bank Limited
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court