K.G.Sajeevan v. The Federal Bank Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No.5278 of 2015 (H) ------------------------------------ PETITIONER:

------------------- K.G.SAJEEVAN,AGED 58 YEARS S/O.GOPALAN,RESIDING AT KATTIKATTUCHIRA HOUSE, VARANAM P.O.,ALAPPUZHA,PIN-688 555.

BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND RESPONDENTS:

------------------------ 1.

THE FEDERAL BANK LIMITED,REGISTERED OFFICE, FEDERAL BANK BUILDING,ALWAYE,ERNAKULAM, REPRESENTED BY ITS CHIEF MANAGER (AUTHORISED OFFICER)-683 101.

2.

THE MANAGER, FEDERAL BANK PUTHANAGADI BRANCH, VARANAM P.O.,ALAPUZHA,PIN- 688 555.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.5278 of 2015 (H) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT-P1:THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY SITUATED IN RE-SY NO.82/7 OF THANNEERMUKKOM NORTH VILALGE OF CHERTHALA TALUK OF ALAPPUZHA DISTRICT.

EXT-P2:A TRUE PHOTO COPY OF THE COMMUNICATION DATED 14/03/2014, ISSUED BY THE ADVOCATE COMMISSIONER.

EXT-P3:A TRUE PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.8291/2014 DATED 21/3/2014.

EXT-P4:A TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.8291/2014 DATED 4.6.2014.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.5278 OF 2015 (H) ----------------------------------- Dated this the 19th day of February, 2015

J U D G M E N T

The petitioner, who had availed of a loan from the respondent bank, has approached this Court when faced with steps initiated by the bank for recovery of the said loan. When the matter was taken up for admission, it was noticed that the petitioner had earlier approached this Court through W.P.(C).No.8291/2014 seeking substantially the same reliefs as sought for in the present writ petition. On that occasion, this Court, by an interim order, had directed 'status quo' to be maintained for a period of one month on condition that the petitioner deposited an amount of Rs.50,000/- on or before 31.3.2014. Apparently, the petitioner did not comply with the interim order of this Court, and consequently, by Ext.

P4 judgment, the writ petition was closed after recording the submission of the learned counsel for the petitioner, that the interim order has not been complied with and further, that he had no instructions in the matter. Under the said circumstances, the present writ petition, at the instance of the petitioner, cannot be maintained. I therefore dismiss the writ petition as not maintainable.

A.K.JAYASANKARAN NAMBIAR JUDGE prp