Borrowers sought instalment payment of bank dues and restraint on symbolic possession of their house. Having failed to comply with interim deposit conditions imposed by the court, the writ petition was dismissed as not entitled to further relief.
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N THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946
WP(C) NO. 6460 OF 2022
PETITIONERS:
1 KUNHAYANKUTTY, AGED 70 YEARS, S/O. LATE KOYAKUTTY, RIYAS MANZIL, NADUVANNUR P.O.,
KOZHIKODE-673614.
2 KADEEJAKUTTY, W/O. KUNHAYANKUTTY, RIYAS MANZIL, NADUVANNUR P.O., KOZHIKODE-673614.
BY ADVS. RASHMI.K.V
RESPONDENTS:
BY ADV. SRI.P.C.SASIDHARAN, SC, KOZHIKODE DISTRICT CO-OPERATIVE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.6460/2022
: 2 :
JUDGMENT
Dated this the 26th day of March , 2024
The writ petition has been filed seeking the
following reliefs:
“i) Issue a writ of mandamus or such other writs, order or direction, commanding the respondents to consider Ext.P4 and permit the petitioners pay of the outstanding dues in 20 equal monthly instalments.
ii) Issue a writ of mandamus or such other writ, order or direction, directing the respondents not to initiate any further proceedings pursuant to Ext.P3 notice taking symbolic possession of the residential house of the petitioners.
iii) To grant such other reliefs as this Court may deem fit and proper.”
25.02.2022, this Court passed an interim order directing
that all coercive proceedings against the petitioners pursuant to Ext.P3 shall be kept in abeyance for a period of
six weeks on condition that the petitioners deposit an
amount of ₹4 lakhs on or before 29.03.2022.
W.P.(C) No.6460/2022
: 3 :
submits that the petitioners have not remitted the amount as directed by this Court on 25.02.2022.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
JUDGE
SR
W.P.(C) No.6460/2022
: 4 :
APPENDIX OF WP(C) 6460/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE BANK DATED 1.2.2020. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE BANK DATED 5.2.2021. Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE BANK DATED 23.2.2022. Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS ON 23.2.2022. Exhibit P5 TRUE COPY OF THE ONE TIME SETTLEMENT REQUEST MADE BY THE PETITIONER DATED 22-03-2024.
2 issues framed by the court
Whether the petitioners were entitled to a mandamus directing the bank to accept outstanding dues in 20 equal monthly instalments.
Whether further proceedings pursuant to the notice for symbolic possession of the petitioners' residential house should be restrained.
Kunhayankutty
Kadeejakutty
The Authorized Officer, Kerala State Co-operative Bank Limited
The Manager, Kerala State Co-operative Bank Limited
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
