Mohankumar S vs the Manager - Court Judgment

SooperKanoon Citationsooperkanoon.com/1290557
CourtKerala High Court
Decided OnJul-30-2024
Case NumberWP(C)/9530/2022
JudgeHonourable Mr. Justice D. K. Singh
AppellantMohankumar S
RespondentThe Manager
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice dinesh kumar singh tuesday, the 30th day of july 2024 / 8th sravana, 1946 petitioner: mohankumar s., aged 54 years, s/o. sivadasan achari, valiya puthuvayath, sankaralayam, paivallybhagom, omalloor p. o., pathanamthitta, pin - 686 647. by adv. sri. thyparambil thomas thomas respondents: 1 the manager, kerala gramin bank, omalloor branch, pathanamthitta, pin - 686 647. 2 the authorised officer (chief manager), kerala gramin bank, regional officer, kottayam, pin - 686 001. by adv. sri. rajesh nambiar - sc this writ petition (civil) having come up for admission on 30.07.2024, the court on the same day delivered the following:dinesh kumar singh, j.-------------------------- w.p.(c) no. 9530 of 2022 ------------------------- dated this the 30th day of july, 2024judgment1. the present writ petition has been filed for the following reliefs;i. issue a writ of mandamus or any other writ or order calling for the records leading to exhibit p1 and to quash the same. ii. issue a writ of mandamus or any other writ or order directing the respondents to permit the petitioner to clear off the overdue amount in the loan accounts in instalments and to regularise the loan account. and iii. issue any other writ or order as is deemed fit by this hon’ble court in the greater interest of justice.2. this is the third writ petition filed by the petitioner and his wife.first writ petition was filed by the petitioner and his wife together way back in 2017 in w.p.(c) no. 28233 of 2017. the said writ petition has been disposed of by this court vide the judgment dated 29.08.2017 in following terms; “3. on a consideration of the facts and circumstances of the case and the submissions made across the bar, i note that the sole prayer of the petitioners is to permit them to remit the balance amounts outstanding to the bank in easy installments. taking into account the plea of financial hardship raised by the petitioners, idispose the writ petition with the following directions:-(i) the total overdue amount, in respect of thehousing loan availed by the petitioners, as on today, is stated to be rs.66,246/-. similarly, the total outstanding amount in respect of the overdraft facility is stated to be rs.2,26,661/-. accordingly, if the petitioners pay the total amount of rs.2,92,907/- together with accrued interest and other charges in 10 equal and successive monthly installments commencing from 15.09.2017 and continues to keep up the regular installment payments as per the original loan schedule in the housing loan account, then the recovery steps initiated against them by the respondent bank shall be kept in abeyance.(ii) it is made clear that if the petitioners commit a default in respect of any of the installments, they will lose the benefit of thisjudgment and the respondent bank will be freeto continue the recovery proceedings against them from the stage at which they presently stand. (iii)the respondent bank shall furnish the petitioners with an up-to-date statement, of the dues position together with interest, within 10 days from today so as to enable the petitioners to discharge their liability in accordance with the directions in this judgment.”3. the petitioner did not comply with the said direction of thiscourt in the aforesaid writ petition i.e. w.p.(c) no. 28233 of 2017. thereafter he has filed the present writ petition in 2022 without disclosing the filing of the writ petition earlier by him and his wife in2017. during the pendency of the present writ petition, thepetitioner’s wife who stood guarantor in respect of the loan granted to the petitioner by the bank has filed another writ petition before this court in the year 2024. the w.p.(c) no. 852 of 2024 filed by the petitioner’s wife smt. sreekala mohan. the said writ petiiton was disposed of vide the judgment and order dated 07.06.2024 in following terms; “11. the writ petition is therefore disposed of with the following directions:(i) if the petitioner clears the over draftaccount in which the outstanding amount is ₹4,55,701/- (as on 31.05.2024), along with accruing interest and other bank charges, if any, within a period of six weeks and remits the overdue amount of ₹6,96,633/- (as on 19.05.2024) in the housing loan account along with accruing interest thereon in 10 consecutive monthly instalments immediately thereafter,coercive proceedings against the petitioner shall stand deferred.(ii) needless to say, the petitioner shall continue to pay the current emis in the housing loan account.(iii) if the petitioner fails to make any payments as directed above, the respondents will be at liberty to proceed against the petitioner in accordance with law.”4. considering the fact of filing of two writ petitions earlier, one byboth the petitioner herein and his wife together and one by his wife and the fact that the neither the petitioner nor his wife has complied with the directions issued by this court, this court finds no ground to keep this writ petition pending and grant any indulgence. therefore, the present writ petition is hereby dismissed. it will be open to the petitioner to take recourse to any other remedy as may be available to him under the law. sd/- dinesh kumar singh judge svn appendix of wp(c) 9530/2022 petitioner’s exhibits exhibit p1 a true copy of the notice dated 17-02-2022 issued by the 2nd respondent.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 PETITIONER: MOHANKUMAR S., AGED 54 YEARS, S/O. SIVADASAN ACHARI, VALIYA PUTHUVAYATH, SANKARALAYAM, PAIVALLYBHAGOM, OMALLOOR P. O., PATHANAMTHITTA, PIN - 686 647. BY ADV. SRI. THYPARAMBIL THOMAS THOMAS RESPONDENTS: 1 THE MANAGER, KERALA GRAMIN BANK, OMALLOOR BRANCH, PATHANAMTHITTA, PIN - 686 647. 2 THE AUTHORISED OFFICER (CHIEF MANAGER), KERALA GRAMIN BANK, REGIONAL OFFICER, KOTTAYAM, PIN - 686 001. BY ADV. SRI. RAJESH NAMBIAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

-------------------------- W.P.(C) No. 9530 of 2022 ------------------------- Dated this the 30th day of July, 2024

JUDGMENT

1. The present writ petition has been filed for the following reliefs;

i. Issue a writ of mandamus or any other writ or order calling for the records leading to exhibit P1 and to quash the same. ii. Issue a writ of mandamus or any other writ or order directing the respondents to permit the petitioner to clear off the overdue amount in the loan accounts in instalments and to regularise the loan account. And iii. Issue any other writ or order as is deemed fit by this Hon’ble court in the greater interest of justice.

2. This is the third writ petition filed by the petitioner and his wife.

First writ petition was filed by the petitioner and his wife together way back in 2017 in W.P.(C) No. 28233 of 2017. The said writ petition has been disposed of by this Court vide the Judgment dated 29.08.2017 in following terms; “3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note that the sole prayer of the petitioners is to permit them to remit the balance amounts outstanding to the bank in easy installments. Taking into account the plea of financial hardship raised by the petitioners, Idispose the writ petition with the following directions:-

(i) The total overdue amount, in respect of the

housing loan availed by the petitioners, as on today, is stated to be Rs.66,246/-. Similarly, the total outstanding amount in respect of the overdraft facility is stated to be Rs.2,26,661/-. Accordingly, if the petitioners pay the total amount of Rs.2,92,907/- together with accrued interest and other charges in 10 equal and successive monthly installments commencing from 15.09.2017 and continues to keep up the regular installment payments as per the original loan schedule in the housing loan account, then the recovery steps initiated against them by the respondent bank shall be kept in abeyance.

(ii) It is made clear that if the petitioners commit a default in respect of any of the installments, they will lose the benefit of this

judgment and the respondent bank will be free

to continue the recovery proceedings against them from the stage at which they presently stand. (iii)The respondent bank shall furnish the petitioners with an up-to-date statement, of the dues position together with interest, within 10 days from today so as to enable the petitioners to discharge their liability in accordance with the directions in this judgment.”

3. The petitioner did not comply with the said direction of this

Court in the aforesaid writ petition i.e. W.P.(C) No. 28233 of 2017. Thereafter he has filed the present writ petition in 2022 without disclosing the filing of the writ petition earlier by him and his wife in

2017. during the pendency of the present writ petition, the

petitioner’s wife who stood guarantor in respect of the loan granted to the petitioner by the Bank has filed another writ petition before this Court in the year 2024. The W.P.(C) No. 852 of 2024 filed by the petitioner’s wife Smt. Sreekala Mohan. The said writ petiiton was disposed of vide the Judgment and Order dated 07.06.2024 in following terms; “11. The writ petition is therefore disposed of with the following directions:

(i) If the petitioner clears the Over Draft

account in which the outstanding amount is ₹4,55,701/- (as on 31.05.2024), along with accruing interest and other Bank charges, if any, within a period of six weeks and remits the overdue amount of ₹6,96,633/- (as on 19.05.2024) in the Housing Loan account along with accruing interest thereon in 10 consecutive monthly instalments immediately thereafter,

coercive proceedings against the petitioner shall stand deferred.

(ii) Needless to say, the petitioner shall continue to pay the current EMIs in the Housing Loan account.

(iii) If the petitioner fails to make any payments as directed above, the respondents will be at liberty to proceed against the petitioner in accordance with law.”

4. Considering the fact of filing of two writ petitions earlier, one by

both the petitioner herein and his wife together and one by his wife and the fact that the neither the petitioner nor his wife has complied with the directions issued by this Court, this Court finds no ground to keep this writ petition pending and grant any indulgence. Therefore, the present writ petition is hereby dismissed. It will be open to the petitioner to take recourse to any other remedy as may be available to him under the law. Sd/- DINESH KUMAR SINGH JUDGE Svn APPENDIX OF WP(C) 9530/2022 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 17-02-2022 ISSUED BY THE 2ND RESPONDENT.