A writ petition filed in 2013 challenging recovery of loan dues from a cooperative bank was dismissed for default after repeated adjournments, as there was no representation from either the petitioner or the respondent bank on the day the judgment was delivered.
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.
W.P (C) No.3327/2013
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945
WP(C) NO. 3327 OF 2013
PETITIONER/S:
RAJITHA CHANDRAN AGED 33 YEARS W/O.GOPALAKRISHNAN, LAKSHMI BHAVAN, THAZHAM CHERRY, MEENADU VILLAGE, CHATHANNOOR.P.O, KOLLAM DISTRICT.
BY ADV SMT.G.VIDYA
RESPONDENT/S:
1 JOINT REGISTRAR CO-OPERATIVE SOCIETY, KOLLAM. PIN-691 001.
BY ADVS.
SRI.K.SUBASH CHANDRA BOSE
OTHER PRESENT:
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.3327/2013
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J U D G M E N T
This writ petition was filed in the year 2013 challenging the proceedings taken for recovery of the amounts due under a loan availed by the petitioner from the 3rd respondent bank.
“This writ petition was filed in the year 2013 challenging the proceedings taken for recovery of amounts due under a loan availed by the petitioner from the 3rd respondent-Bank.
2. This Court by interim order dated 08-02-2013 had granted a stay of the proceedings taken to bring the property belonging to the petitioner to sale (Ext.P2) on condition that the petitioner remits a sum of Rs.2.5 lakhs within three weeks from that date. When the matter is taken up for consideration today there is no representation for the petitioner or for the respondent-Bank.
3. Therefore, the learned Government Pleader is directed to get instructions from the 3rd respondent through the 1st respondent. Hand over a copy of this order to the learned Government Pleader. Post on 19-01-2024.”
that no details could be obtained regarding the matter as the loan account of the petitioner is an old account. Even today there is no representation for the
petitioner or for the respondent bank. Writ petition is therefore dismissed for default.
Sd/- GOPINATH P. JUDGE
AMG
1 issue framed by the court
Should the 2013 writ petition challenging recovery proceedings for loan amounts remain pending despite no representation?
Rajitha Chandran
Joint Registrar Co-operative Society, Kollam
Assistant Registrar of Co-operative Societies General Arbitrator-cum-Sale Officer
Paravur Urban Co-operative Bank, Kollam
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
