Jamaludeen Kunju v. The Assistant General Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WP(C).No. 28511 of 2015 (L) ---------------------------- PETITIONER :
----------------------- JAMALUDEEN KUNJU, AGED 56 YEARS, S/O.HASANARU KUNJU, RASIYA COTTAGE, MEMANA, OCHIRA P.O., KOLLAM, PIN - 690 526.
BY ADV. SRI.N.MANU THAMPI RESPONDENT(S):
----------------------------
1. THE ASST. GENERAL MANAGER, CATHOLIC SYRIAN BANK LTD, PUTHIYAKAVU BRANCH, PUTHIYAKAVU, KS PURAM, KARUNAGAPPALLY, KOLLAM - 690 544.
2. AUTHORISED OFFICER (DY. ZONAL MANAGER), CATHOLIC SYRIAN BANK LTD, ZONAL OFFICE, IST FLOOR, MALANKARA BUILDING COMPLEX, UNIVERSITY CAMPUS P.O. PALAYAM, THIRUVANANTHAPURAM - 695 034.
R1 & R2 BY SRI.R.S.KALKURA SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 28511 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:
TRUE COPY OF DEATH CERTIFICATE DATED 14.9.2015 EXT.P-2:
TRUE COPY OF THE AUCTION SALE NOTICE DATED 5.2.2015 EXT.P-3:
TRUE COPY OF THE POSSESSION NOTICE DATED 3.9.2015 RESPONDENT(S)' EXHIBITS:
NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts
A.K.JAYASANKARAN NAMBIAR, J.
---------------------------------------------------------- W.P.(C). No.28511 of 2015 ---------------------------------- Dated this the 19th day of October, 2015
JUDGMENT
The petitioner who had availed of a loan from the respondent bank defaulted in repayment of the same, approached this Court when faced with recovery steps initiated by the respondent bank for recovery of the amounts outstanding from the petitioner. By an interim order dated 23/09/2015, the petitioner was directed to pay an amount of Rs.10,00,000/- on or before 03/10/2015 as a condition for grant of interim stay against recovery proceedings initiated against the petitioner by the respondent bank. Thereafter, when the matter was called on 05/10/2015, the matter was adjourned to 08/10/2015. On 08/10/2015, the counsel for the petitioner sought time till 16/10/2015 to report compliance with the directions in the interim order.
When the matter was called up today, it is submitted that the petitioner has not complied with the directions in the interim order referred to above. Under the circumstances, I am of the view that the petitioner is not entitiled to any discretionary relief of this Court in these proceedings under Article 226 of the Constitution of India. The writ petition therefore fails and is accordingly dismissed.
A.K.JAYASANKARAN NAMBIAR JUDGE rsr