High Court of KeralaWP(C)/32099/2015closed

Biju T v. The Special Sale Officer, Calicut University

2015-10-29Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 32099 of 2015 (J) ---------------------------- PETITIONERS:

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1. BIJU T, S/O. CHANDRASEKHARAN, CHEROOLI HOUSE, EDAKKAD P.O., CALICUT -5.

2. BASANTH T.

S/O. CHANDRASEKHARAN, -DO-

3. SARASWATHI, CHERUKAD, OLAVANNA P.O., CALICUT.

BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS:

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1. THE SPECIAL SALE OFFICER, CALICUT CITY SERVICE CO-OPERATIVE BANK LIMITED NO. D-2777, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIEITIES (GENERAL), KOZHIKODE - 673 001.

2. CALICUT CITY SERVIE CO-OPERATIVE BANK LIMITED NO. D-2777, CHALAPURAM, CALICUT, REPRESENTED BY ITS GENERAL MANAGER - 673 002.

3. THE GENERAL MANAGER, CALICUT CITY SERVICE CO-OPERATIVE BANK LIMITED NO. D-2777, CHALAPPURAM, CALICUT - 673 002.

R2-R3 BY ADV. SRI.B.S.SWATHY KUMAR R2-R3 BY ADV. SRI.ASHISH MOHAN R2-R3 BY ADV. SMT.T.RESHMA R2-R3 BY ADV. SRI.REMYA MURALI R BY SRI. K.C. VINCENT, SR. GOVERNMENT PLEADER R BY SRI.SURESH KUMAR KODOTH, KSD.DIST.CO.OP. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32099 of 2015 (J) ---------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXHIBIT-P1-TRUE COPY OF THE JUDGMENT IN W.P(C) 11693/2014 OF THIS HON'BLE COURT.

EXHIBIT-P2-TRUE COPY OF THE NOTICE DATED 08/09/2015 ISSUED BY THE IST RESPONDENT TO THE PETITIONERS.

EXBIBIT-P2(A)- ENGLISH TRANSLATION OF EXHIBIT-P2. EXHIBIT-P3-TRUE COPY OF THE REPRESENTATION DATED 16/10/2015 FILED BY THE PETITIONERS BEFORE THE IST AND 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL ----------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 32099 of 2015 (J) ---------------------------------- Dated this the 29th day of October, 2015.

JUDGMENT

This Court, earlier, in the writ petition filed by the petitioners issued Ext.P1 judgment providing to the petitioners the benefit of ten instalments to pay the loan arrears.

2. In the course of time, having committed further default, the petitioners once again approached this Court by filing the present writ petition seeking re-scheduling of the loan account.

3. Initially, this Court has prima facie observed that in the face of Ext.P1, no fresh writ petition is maintainable, and if the petitioners are advised, they may explore the option of seeking modification of Ext.P1 judgment.

4. Today, the learned counsel for the petitioners has submitted that they have already filed the necessary application seeking modification of Ext.P1.

In the facts and circumstances, I am of the opinion that the writ petition does not survive. It is accordingly closed. sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C). No.

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