Kerala High Court
Kunhikkannan.T vs Kozhikode District Co Operative Bank ... on 11 March, 2020
Author: Amit Rawal
Bench: Amit Rawal
WP(C).No.4589 OF 2020(W)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941
WP(C).No.4589 OF 2020(W)
PETITIONER/S:
KUNHIKKANNAN.T
AGED 72 YEARS
S/O.POKKAN,POURNAMI(THODUVAYIL HOUSE),PURAMERI.P.O,
KOZHIKODE DISTRICT,PIN-673503.
BY ADV. SRI.M.G.SREEJITH
RESPONDENT/S:
KOZHIKODE DISTRICT CO OPERATIVE BANK LTD.
HEAD OFFICE,P.B.NO.503,CHALAPPURAM.P.O,
KOZHIKODE DISTRICT,REPRESENTED BY AUTHORIZED
OFFICER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4589 OF 2020(W)
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JUDGMENT
The petitioner availed a loan for house repairing from respondent bank for an amount of Rs.2,00,000/-. Consequent to the default, bank has initiated proceedings under the SARFAESI Act.
This Court as per order dated 19.2.2020 has directed the petitioner to pay an amount of Rs.50,000/- on or before 20.2.2020 in order to show the bonafide of the petitioner. However, today when the matter is taken up, learned Counsel for the Bank submitted that the petitioner has not paid the amount. Therefore, I do not find any reason to interfere in this matter exercising the powers of judicial review under Article 226 of the Constitution of India. The writ petition fails and accordingly, it is dismissed.
Sd/ AMIT RAWAL JUDGE Jm/ WP(C).No.4589 OF 2020(W) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTICE DATED 30.01.2019 RECEIVED FROM THE ADVOCATE COMMISSIONER.
EXHIBIT P2 TRUE COPY OF NOTICE DATED 01.06.2019 ISSUED BY THE BANK EXHIBIT P3 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BANK ON 13.06.2019.
EXHIBIT P4 TRUE COPY OF COUNTER FOIL DATED 20.01.2020. EXHIBIT P5 TRUE COPY OF MEDICAL RECORDS.