Manual Joseph v. Authorised Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 13100 of 2015 (J) ---------------------------- PETITIONER :

----------------------- MANUAL JOSEPH, AGED 40 YEARS, S/O.ANTONY, PUTHENVEETTIL, CHEMPUMUKKU, KAKKANAD, KOCHI-31 BY ADV. SRI.N.K.MOHANLAL RESPONDENT :

---------------------------- AUTHORISED OFFICER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD, KOCHI-31 BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13100 of 2015 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 A POSSESSION NOTICE WHICH IS AFFIXED ON THE PROPERTY EXHBITI P2 A TRUE COPY OF POSSESSION NOTICE PUBLISHED IN MALAYALA MANORAMA DAILY DATED 25-03-2015 RESPONDENT(S)' EXHIBITS:

NIL ---------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.13100 of 2015 ******************************************************* Dated this the 2nd day of June, 2015

JUDGMENT

The petitioner impugns SARFAESI proceedings before this Court. The petitioner, in fact, approached this Court on an earlier round of litigation by filing W.P.(C) No.9586/2013. This was disposed on 5.4.2013 by granting an instalment facility to the petitioner. The petitioner again approached this Court by filing this writ petition seeking time to close the entire loan account within six months. In fact, the petitioner has not mentioned anything about the filing of the earlier writ petition.

In that view of the matter, I do not find any justification in exercising the discretionary relief. Accordingly, this writ petition is dismissed. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln