AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P., J
The petitioner has approached this Court challenging the proceedings initiated by the 3rd respondent bank to recover amounts due under cash credit facilities availed by the petitioner's father. The petitioner claims to be one of the legal heirs of her late father and has filed this writ petition on the ground that the proceedings are taken against the family property of the petitioner. When this matter came up for consideration on 28.11.2022, this Court passed the following interim order:
Admit. Government Pleader takes notice for the 1st respondent. Issue notice by Speed Post returnable in two weeks to respondents 2 and 3.
There will be a stay of confirmation of the sale proposed to be held on 30.11.2022 for a period of three months, on condition that the petitioner remits a sum of Rs. 20 lakhs (Rupees twenty lakhs only) within two months.
Though the petitioner complied with the condition to deposit Rs.20 lakhs, the condition imposed in the subsequent interim order dated 03.03.2023 which required the petitioner to deposit a further amount of Rs. 20 lakhs before 18.03.2023 has not been complied with despite the passage of nearly three months from the date on which the petitioner had to pay that amount. The matter came up for consideration on 30.03.2023 on which date it was adjourned to 10.04.2023. On 10.04.2023 it was adjourned to 13.04.2023 and on that day it was adjourned to be posted after vacation. Thereafter, this matter was listed on 30.05.2023, on which date the matter was adjourned to be considered today. When the matter was adjourned on 30.05.2023 it was made clear to the learned counsel for the petitioner that unless the amount of Rs.20 lakhs is paid as directed in the interim order dated 03.03.2023, no further time will be granted and the matter will be disposed of on the ground that the petitioner has failed to prove bonafides.
The learned counsel appearing for the 3rd respondent bank would submit that the total liability as on today after giving credit to the amount of Rs.20 lakhs initially paid by the petitioner is Rs.1,98,08,381/- and that the property of the petitioner has already been auctioned. Taking into consideration the totality of facts and circumstances of the case, I see no ground made out by the petitioner to grant any relief in this writ petition. Therefore, this writ petition fails and is accordingly dismissed. The dismissal of the writ petition will not be considered as barring any statutory remedy available to the petitioner.