High Court of KeralaWP(C)/34612/2015disposed of

Noushad E H v. Authorised Officer, Federal Bank Ltd

2015-11-17Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 34612 of 2015 (B) ---------------------------- PETITIONER :

---------------------- NOUSHAD E.H., AGED 46 YEARS, S/O. LATE HAMSA, ERAHCAMVEETIL HOUSE, NEAR CHALUKULAM JUMA MASJID, VALAPPAD BEECH P.O., THRISSUR TALUK.

BY ADV. SRI.M.R.SASITH RESPONDENT :

------------------------- AUTHORIZED OFFICER, FEDERAL BANK LIMITED REGIONAL OFFICER, IRINJALAKUDA, THRISSUR - 688 541.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 34612 of 2015 (B) -------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE INTERIM ORDER IN WRIT PETITION NO. 26931/2010 DATED 15/9/2010.

P2 - TRUE COPY OF JUDGMENT IN WRIT PETITION NO. 5941/2011 OF HIGH COURT. P3 - TRUE COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.34612 of 2015 ............................................................. Dated this the 17th day of November, 2015 J U D G M E N T The petitioner, who had availed of a housing loan from the respondent bank is aggrieved by the steps taken by the respondents for recovery of the defaulted loan amounts. When the matter came up for admission, it was noticed that the petitioner had already approached this Court through W.P.(C).No.5941 of 2011 which was disposed by this Court by Ext.P2 judgment whereby the petitioner was given the facility of paying the defaulted amounts in instalments. It is not in dispute that the petitioner did not comply with the directions in this Court in Ext.P2 judgment. 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/17.11.15