High CourtsSingle Bench(2023) 05 KL CK 0121

Assianar C. M vs Hosdurg Primary Co Operative Agricultural & Rural Development Bank

High Court Of Kerala · Decided on 22 May 2023

HON’BLE JUDGES
Gopinath P., J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 9240 Of 2023

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Judgment

10 paragraphs · 220 words

Gopinath P., J

1.

The petitioners have approached this Court challenging the proceedings initiated by the first respondent bank to recover amounts due under a loan availed by the petitioners from the first respondent bank.

2.

When this matter came up for consideration on 16.03.2023, this Court had passed the following interim order;

“Admit.

Issue notice by speed post to the respondents.

Any sale pursuant to Ext.P3 shall not be confirmed till 22.05.2023 on condition that the petitioners remit a sum of Rs.60,000/- (Rupees Sixty Thousand only) towards the loan liability within a period of two weeks from today.

Post on 22.05.2023.”

3.

When this matter is taken up for consideration today, the learned counsel appearing for the petitioners would submit that he has no instructions as to whether the amount directed to be paid had been paid. The learned counsel appearing for the respondent bank would submit that no amount has paid pursuant to the interim order.

4.

Having regard to the fact that the only prayer in the writ petition is for permission to pay off the liability in instalments, I am of the view that the petitioners have not shown any bonafides warranting interference in the exercise of the jurisdiction under Article 226 of the Constitution of India.

The writ petition fails and it is, accordingly, dismissed.