A writ petition challenging a Section 138 notice forloancheque dishonour was dismissed. The Court noted the petitioners failed to comply with a prior interim order requiring ₹20 lakhs, rejecting their claim that a property sale would clear dues.
None; Petitioners advised to approach Bank for arrangement/OTS.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 2251 OF 2023
PETITIONERS:
1 AYODHYAPURI JWELLERY WORKS 30/314, MUDUPILAVU ROAD, CHIYYARAM, THRISSUR. REPRESENTED BY ITS PROPRIETOR SHRI SUSHANTH A.R., S/O. RATNAKARAN, AGED 42 YEARS, AINIKKUNNATH HOUSE, MUDIPILAVU ROAD, CHIYYARAM, THRISSUR - 6800262 SUSHANTH A.R, AGED 42 YEARS S/O. RATNAKARAN, AINIKKUNNATH HOUSE, MUDIPILAVU ROAD, CHIYYARAM, THRISSUR – 680026BY ADV SINU.G.NATH
RESPONDENTS:
1 CANARA BANK,BENGALURU, KARNATAKA, REPRESENTED BY ITS AUTHORIZED OFFICER - 5600012 CANARA BANK POOCHATTY BRANCH, SACRET HEART CHURCH BUILDING, NADATHARA, NADATHARA PO, THRISSUR REPRESENTED BY BRANCH MANAGER, PIN – 680751BY ADVS.
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WP(C) No.2251 of 2023
JUDGMENT
Dated this the 12th day of February, 2024
The petitioners are challenging Ext.P3 notice issued by the Canara Bank seeking repayment of ₹55 lakhs availed by the petitioners on 18.03.2008. The petitioners state that the outstanding amount as per Ext.P4 Sale Notice is ₹87,19,107.53.
3
WP(C) No.2251 of 2023
petitioners were directed to remit an amount of ₹20 lakhs within a period of one month. The petitioners have paid only ₹1 lakh pursuant to that direction.
4
WP(C) No.2251 of 2023
a property is being sold and the petitioners will be able to clear the entire outstanding by March or April, 2024. In the facts of the case, I am of the view that no further relief sought for by the petitioners can be granted in the writ petition.
The writ petition is dismissed. However, the petitioners
may approach the Bank for any arrangement / One Time Settlement in the matter.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.2251 of 2023
5
APPENDIX OF WP(C) 2251/2023
PETITIONER EXHIBITS
Exhibit P-1TRUE COPY OF THE NOTICE ISSUED UNDER
SEC. 13 (2) TO THE 1ST AND 2ND
PETITIONERS DATED 21.04.2022 RECALLING
CASHCREDITNO.2940261000007
RECALLINGOUTSTANDINGOFRS.
77,66,404.60/-
Exhibit P-2TRUE COPY OF THE NOTICE ISSUED UNDER
SEC. 13 (2) TO THE 2ND PETITIONER AND
HIS WIFE DATED 21.04.2022 RECALLING
HOUSING LOAN NO. 2940619000667 FOR RS.
15,23,533/-
Exhibit P-3TRUE COPY OF THE POSSESSION NOTICE
DATED 03/08/2022 FOR LOAN OUTSTANDING
OF RS.81,99,080.60/-
Exhibit P-4TRUE COPY OF THE SALE NOTICE DATED
28/12/2022
Exhibit P-5TRUE COPY OF THE VALUATION REPORT
DATED 19/04/2018 PREPARED BY THE
EMPANELLED VALUER
2 issues framed by the court
Whether any further relief in the nature of condonation of delay for repayment of loan can be granted in the writ petition.
Whether the petitioners' promise to clear dues after selling private property is sufficient ground for extending interim orders.
2 provisions across 1 enactments
Ayodhyapuri Jewellery Works & Ors.
Canara Bank
N. Nagareskhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court