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High Court of KeralaWP(C)/36276/2015disposed of

Jacob Thomas v. The Oriental Bank Of Commerce

2015-12-01Honourable 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 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 36276 of 2015 (H) ----------------------------------------- PETITIONER(S):

---------------------- JACOB THOMAS, VENGALOOR HOUSE, VAZHOOR P.O., PALLICKATHODU, KOTTAYAM, KERALA.

BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S):

------------------------ THE ORIENTAL BANK OF COMMERCE, KORATTIYIL COMPLEX, SASTRY ROAD, KOTTAYAM, REPRESENTED BY THE AUTHORIZED OFFICER, PIN-686 001. BY SRI.SAJI P.JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 36276 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE RECEIPTS.

P2 :

COPY OF THE NOTICE DTD.7.3.2014.

P3 :

COPY OF THE JUDGMENT IN WPC NO.10003/14 DTD.11.4.2014. P4 :

COPY OF THE RECEIPT DTD.30.4.2015.

P5 :

COPY OF THE NOTICE DTD.24.11.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36276 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December 2015

JUDGMENT

The challenge in the writ petition is against the recovery steps initiated by the respondent bank for recovery of defaulted loan amounts from the petitioner. When the matter was taken up for admission, it was noticed that the petitioner had earlier approached this Court through W.P.(C).No.10003/2014, when faced with similar recovery proceedings initiated by the respondent bank in the past. On that occasion, by Ext.P3 judgment, the petitioner was accorded the facility of repaying the defaulted loan amounts in instalments. It is not in dispute that the petitioner did not comply with the said directions in Ext.P3 judgment of this Court. Under the said circumstances, I am of the view that the petitioner cannot seek any discretionary relief from this Court in these proceedings under Article 226 of the Constitution of India. The writ petition fails and is accordingly dismissed. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/