Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 22759 OF 2023 PETITIONER/S: ANILKUMAR P. V., AGED 58 YEARS S/O C. K. VELAYUDHAN , CHIRAYIL HOUSE, MARIYATHURATHU P.O, AIMANAM, KOTTAYAM DISTRICT, PIN - 686017 DIVYA C BALAN BIMAL K.NATH P.D.SUBRAMANIAN NAMPOOTHIRI K.N.SUGATHAN RESPONDENT/S: 1 CHIEF MANAGER, THE SOUTH INDIAN BANK LTD, REGIONAL OFFICE AT REGENCY SQUARE, K.K. ROAD, COLLECTORATE P. O., KOTTAYAM, PIN - 686002 2 AUTHORISED OFFICER, ASSET RECOVERY, THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE AT REGENCY SQUARE, K. K. ROAD, COLLECTORATE P. O., KOTTAYAM, PIN - 686002
MOHAN JACOB GEORGE P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S DIAS,J.
--------------------------- ----------------------------- Dated this the 31st day of July, 2023 .
JUDGMENT
The writ petition is filed, inter alia, to direct the respondents to provide the petitioner thirty six instalments to clear the loan account.
2. Heard; Smt.Divya C.Balan, the learned counsel appearing for the petitioner and Sri.Mohan Jacob George, the learned counsel appearing for the respondents.
3. Today, when the writ petition was taken up for
consideration, the learned counsel appearing for the petitioner submitted that the respondents have already taken physical possession of one item of the secured asset. In the above circumstances, I am of the definite view that it would be up to the petitioner to work out his Resultantly, the writ petition is dismissed without prejudice to the right of the petitioner to work out his SD/- sks/31.7.2023 C.S.DIAS, JUDGE APPENDIX OF WP(C) 22759/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 25/05/2023 Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED Exhibit P4 TRUE COPY OF THE NOTICE DATED 23/06/2023