Merlin George v. The Authorised Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 31156 of 2015 (T) ---------------------------- PETITIONER :
--------------------- MERLIN GEORGE AGED 51 YEARS, W/O. LATE DR. GEORGE P.M., FLAT NO. 34, 12TH BLOCK EAST HILL APARTMENTS, EAST HILL P.O.
CALICUT -673 005.
BY ADVS.SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S) :
---------------------------- THE AUTHORISED OFFICER/CHIEF MANAGER, BANK OF INDIA, 8/103 SILK STREET, CALICUT - 673 032.
BY ADV. SRI.M.DINESH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 31156 of 2015 (T) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT-P1PHOTOCOPY OF THE 13 (2) NOTICE DATED 13/05/2015. EXHIBIT-P2PHOTOCOPY OF THE OBJECTION DATED 20/05/2015. EXHIBIT-P3PHOTOCOPY OF THE OBJECTION DATED 04/06/2015. EXHIBIT-P4PHOTOCOPY OF THE POSSESSION NOTICE DATED 5/08/2015. EXHIBIT-P5PHOTOCOPY OF THE NOTICE DATED 10/09/2015 ISSUED BY THE ADVOCATE COMMISSIONER.
EXHIBIT-P6PHOTOCOPY OF THE INTERIM ORDER OF THE DEBT RECOVERY TRIBUNAL IN I.A SA 357/2015.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C).No.31156 of 2015 ............................................................. Dated this the 16th day of November, 2015 J U D G M E N T This writ petition was filed by the petitioner aggrieved by the steps taken by the respondent bank against the property of the petitioner, for recovery of defaulted loan amounts that were availed by the petitioner's late husband. When the matter came up for admission, this Court granted an interim stay of further proceedings for recovery against the petitioner on condition that the petitioner paid an amount of Rs.5 lakhs on or before 15.11.2015. When the matter was taken up for orders today, it is submitted by the learned counsel for the respondent bank that the petitioner has not complied with the directions of this Court in the interim order dated 14.10.2015.
Under the said circumstances, I am of the view that, the petitioner cannot aspire for any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India, in the present writ petition. Resultantly, the writ petition fails and is accordingly dismissed.
A.K.JAYASANKARAN NAMBIAR JUDGE mns/16.11.15