P.P Johnson v. Canara Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 27612 of 2015 (B) ---------------------------- PETITIONER :

---------------------- P.P JOHNSON PROPRIETOR, M/S. ATHULYA FURNITURE & WOOD INDUSTRIES MADAKKIMALA P.O., WAYANAD DISTRICT.

BY ADV. SRI.M.C.JOHN RESPONDENT :

------------------------ CANARA BANK KALPETTA BRANCH, KALPETTA, WAYANAD, PIN - 673 121 REPRESENTED BY ITS AUTHORISED OFFICER.

BY ADV. SRI.K.S.DILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27612 of 2015 (B) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - TRUE COPY OF THE ORDER DT. 22.05.2015 IN S.A NO. 264/15 OF THE DEBTS RECOVERY TRIBUNAL.

EXT. P2 - TRUE COPY OF THE PAYMENT SCHEDULE DT. 08.06.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXT. P3 - TRUE COPY OF LETTER DT. 20.6.2015 FROM THE PETITIONER TO THE RESPONDENT.

EXT. P4 - TRUE COPY OF THE NOTICE DT. 06.7.2015 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER.

EXT. P5 - TRUE COPY OF THE JUDGMENT DT. 24.7.2015 IN WPC NO. 22372/15 OF THE HON'BLE COURT.

EXT. P6 - TRUE COPY OF THE SETTLEMENT DEED NO. 2459/2001 DT. 11.10.2011 OF KALPETTA SUB REGISTRY OFFICE.

EXT. P7 - TRUE COPY OF THE ORDER DT. 04.09.2015 IN IA NO. 2008/15 IN S.A NO. 264/14 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.27612 of 2015 ............................................................. Dated this the 16th day of October, 2015

J U D G M E N T

The petitioner, who had approached this Court aggrieved by the steps taken by the respondent bank for recovery of defaulted loan amounts, was directed by an interim order of this Court to pay Rs.15 lakhs within three weeks from 16.09.2015, as a condition for the grant of stay against further proceedings initiated against the petitioner by the respondent bank. When the matter was called today, it is submitted that the petitioner has not complied with the directions issued by this Court on 16.09.2015. Under the said circumstances, I am of the view that, the petitioner is not entitled to any discretionary relief from this Court under Article 226 of the Constitution of India.

Resultantly, the writ petition fails and is accordingly dismissed.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/16.10.15