Dismissed

Ramesh Kumar v. Kerala Bank

Kerala HC1 Aug 2024WP(C)/8937/2024

Case brief

AI extract

What is this about?

Petitioners sought mandamus to regularize their loan account with Kerala Bank and allow payment of overdue amounts in instalments. Having failed to comply with interim orders directing payment of Rs.2,00,000/- within the extended time, the writ petition was dismissed with liberty to pursue other available legal remedies.

What did the court decide?

None; writ petition dismissed with liberty to take recourse to other remedies available under law.

Ramesh Kumar Vs Kerala Bank — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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THURSDAY, THE 1^ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946

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WP(C) NO. 8937 OF 2024

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PETITIONERS:

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1 RAMESH KUMAR, AGED 49 YEARS S/O KRISHNANKUTTY NAIR , MUKKALLUPURATHU HOUSE CHALAPPALLY , CHALAPPALLY P.O PATHANAMTHITTA DISTRICT, PIN - 689586

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2 SMITHA KUMARI, AGED 41 YEARS W/O RAMESH KUMAR , MUKKALLUPURATHU HOUSE CHALAPPALLY , CHALAPPALLY P.O PATHANAMTHITTA DISTRICT, PIN - 689586

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BY ADVS.

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ARUN.B.VARGHESE RAKHI RAJ

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RESPONDENTS:

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1 KERALA BANK REPRESENTED BY ITS MANAGER CHALAPPALLY BRANCH , PATHANAMTHITTA DISTRICT, PIN - 689586

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2 THE AUTHORIZED OFFICER KERALA BANK CHALAPPALLY BRANCH , PATHANAMTHITTA DISTRICT, PIN - 689586

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BY ADVS.

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N. RAGHURAJ K.AMMINIKUTTY

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OTHER PRESENT:

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SRI.K.AMMINIKUTTY-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8937 OF 2024

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J U D G M E N T

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The present writ petition has been filed seeking the following reliefs:-

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“i. To issue a writ of mandamus or any other writ or order directing the respondents to regularize the loan account of the writ petitioner and may also direct the respondents to permit the writ petitioner to remit the overdue amount in instalments.

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ii. To issue a writ of mandamus or any other writ or order directing the respondents to grant instalment facility to the writ petitioner.

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iii. To dispense with filing of the translation of vernacular documents and

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ii. To pass any other appropriate writ or order as is deem fit and proper by this Honourable Court.”

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This Court granted an indulgence vide the interim order dated 15.03.2024 with a direction to the petitioners to pay sum of Rs.2,00,000/- (Rupees Two lakhs only) on or before 27.03.2024. The said time period was extended by this Court by an interim order dated 08.07.2024. The petitioners have not been able to make payment as per the interim order within the extended period. Therefore, this Court finds no ground to

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WP(C) NO. 8937 OF 2024

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keep this writ petition alive in the files of the High Court. Hence the writ petition is dismissed with liberty to the petitioner to take recourse to any other remedy as may be available to the petitioners under the law.

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Sd/DINESH KUMAR SINGH JUDGE

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Anu

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WP(C) NO. 8937 OF 2024

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APPENDIX OF WP(C) 8937/2024

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY	OF	FORM I NOTICE DATED
	10.10.2022 TAHASILDAR	ISSU	ED BY THE DEPUTY
Exhibit P2	A TRUE COPY	OF	FORM I0 NOTICE DATED
	10.10.2022 TAHASILDAR	ISSU	ED BY THE DEPUTY
Exhibit P3	A TRUE COPY	OF	NOTICE DATED 16.01.2024
	ISSUED BY THE	2ND	RESPONDENT
Exhibit P4	A TRUE COPY	OF T	HE REPRESENTATION DATED
	28.02.2024 S PETITIONER BE	UBMI FORE	TTED BY THE 2ND WRIT THE 1ST RESPONDENT

Ramesh Kumar v. Kerala Bank

Case brief

What is this about?

What did the court decide?

Ramesh Kumar v. Kerala Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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