High Court of KeralaWP(C)/22068/2015dismissed

Rajendran M.P. v. Icici Bank, Represented By Its Authorized Officer

2015-07-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No. 22068 of 2015 (G) ---------------------------- PETITIONER :

----------------------- RAJENDRAN M.P., MUKKALUVILA PUTHEN VEEDU, PARAKODU P.O, ADOOR, PATHANAMTHITTA- 691 554.

BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENTS :

-------------------------

1. ICICI BANK, BRANCH AT ABAN ARCADE, PATHANAMTHITTA, REPRESENTED BY ITS AUTHORIZED OFFICER-691 554.

2. THE AUTHORIZED OFFICER, ICICI BANK LTD., 2ND FLOOR, ADONAI TOWERS, S.A.ROAD, KADAVANTHARA, COCHIN- 682 016.

BY SRI.LAL K.JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 22068 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE ORDER DATED 21.11.2013 IN IA.3311 OF 2013 IN S.A.769/2013 OF DEBT RECOVERY TRIBUNAL.

P2TRUE COPY OF THE JUDGMENT DATED 2.12.2014 IN WP(C).NO.32088 OF 2014. P3TRUE COPY OF THE PAYMENT RECEIPT DATED 27.12.2014 P4TRUE COPY OF THE NOTICE DATED 18.6.15 ISSUED BY THE ADVOCATE COMMISSIONER.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.22068 of 2015 ****************************************************************************** Dated this the 22nd day of July, 2015

JUDGMENT

The petitioner, impugning SARFAESI proceedings, has approached this Court. The petitioner availed a housing loan from the respondent Bank. The petitioner approached the Debts Recovery Tribunal, Ernakulam by filing S.A.No.769/2013. The Tribunal has passed an order on 21.11.2013 in the interlocutory application. The petitioner did not comply with the directions in the order of the Debts Recovery Tribunal. Thereupon, the petitioner approached this Court by filing W.P.(C) No.32088/2014. This Court permitted the petitioner to clear the entire amount in eight monthly instalments. The petitioner also failed to honour with the above conditions. The petitioner now submits that he may be given three months time to discharge the entire liability. 2.

Learned counsel for the Bank opposes the prayer of the petitioner.

The petitioner having availed the facility to discharge the liability in terms of the judgment and failed to comply with the

W.P.(C) No.22068 of 2015 2 directions therein, cannot seek indulgence of this Court for granting time to settle the liability. Therefore, the writ petition is dismissed. However, this judgment will not stand in the way of the Bank in considering the request of the petitioner for granting time. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln