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High Court of KeralaWP(C)/31967/2015closed

Punnoose P. Varghese v. Corporation Bank, Rep. By Its Authorised Officer

2015-11-03Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 31967 of 2015 (U) ---------------------------- PETITIONER(S):

-------------------------- PUNNOOSE P. VARGHESE, S/O.PAPPU, PARACKAL HOUSE, MARIAPPALLY P.O., KOTTAYAM.

BY ADVS.SRI.LIJI.J.VADAKEDOM, SRI.RAJEEV JYOTHISH GEORGE.

RESPONDENT(S):

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

1. CORPORATION BANK, KOTTAYAM BRANCH, VALAYIL BUILDINGS, SHASTRI ROAD, KOTTAYAM DISTRICT, PIN-686 001, REPRESENTED BY ITS AUTHORIZED OFFICER.

2. AUTHORIZED OFFICER, CORPORATION BANK, KOTTAYAM BRANCH, VALAYIL BUILDINGS, SHASTRI ROAD, KOTTAYAM DISTRICT, PIN-686 001.

3. THE BRANCH MANAGER, CORPORATION BANK, KOTTAYAM BRANCH, VALAYIL BUILDINGS, SHASTRI ROAD, KOTTAYAM DISTRICT, PIN-686 001.

BY ADVS. SRI.S.K.BALACHANDRAN, SRI.V.K.NANDAKUMARAN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.31967 OF 2015 (U) ----------------------------------- Dated this the 3rd day of November, 2015

J U D G M E N T

The petitioner, who is aggrieved by the steps initiated by the respondent bank under the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of loan amounts due from the petitioner, approached this Court through the present writ petition seeking time to settle the entire liability due to the respondents.

2. When the matter came up for admission, it was noted that, by Ext.P3 judgment of this Court in W.P.(C).No.16387/2015, the petitioner had already been granted time to discharge the then liability to the respondent bank, and the petitioner had not complied with the directions in the said judgment within the time granted in the said judgment. Counsel for the petitioner, when appraised of this fact, then submitted that he would require some time to move the court that passed Ext.P3 judgment for seeking an extension of time to comply with the directions in the said judgment. Accordingly, this

W.P.(C).No.31967/2015 Court adjourned the matter to today, so as to enable the petitioner to move the appropriate court for an extension of time for complying with the directions in Ext.P3 judgment.

When the matter was called up today, it is submitted by counsel for the petitioner that the time granted for making payments in Ext.P3 judgment has since been extended by the court that passed Ext.P3 judgment. Taking note of the said submission, I am of the view that nothing survives to be adjudicated in this writ petition, and this writ petition is accordingly dismissed as not maintainable. A.K.JAYASANKARAN NAMBIAR JUDGE prp/3/11/15