Kerala High Court
WP(C)/30450/2009 of K.AVARA HAJEE Vs THE GENERAL MANAGER on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30450 of 2009 ( A ) --------------------------- PETITIONER(S): ------------- 1. K.AVARA HAJEE, S/O.LATE KUNHAHAMMED HAJI, KATTUKANDAN HOUSE KULIKKILIYAD,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 30450 of 2009 (A)
---------------------------
PETITIONER(S):-------------
1. K.AVARA HAJEE, S/O.LATE KUNHAHAMMED HAJI, KATTUKANDAN HOUSE KULIKKILIYAD, KOTTAPPURAM P.O., SREEKRISHNAPURAM PALAKKAD DISTRICT.2. K.FATHIMA, W/O.K.AVARA HAJEE, KATTUKANDAN HOUSE, KULIKKILIYAD, KOTTAPPURAM P.O. SREEKRISHNAPURAM, PALAKKAD DISTRICT. BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENT(S):--------------
1. THE GENERAL MANAGER, RESERVE BANK OF INDIA RURAL PLANNING AND CREDIT DEPARTMENT BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM.
2. THE ASSISTANT MANAGER, RESERVE BANK OF INDIA RURAL PLANNING AND CREDIT DEPARTMENT BAKERY JUNCTION, P.B.NO.6507, THIRUVANANTHAPURAM.3. THE CHAIRMAN, DHANALAKSHMI BANK LIMITED, DHANALAKSHMI BUILDING THRISSUR.4. THE DHANALAKSHMI BANK LIMITED, PERINTHALMANNA BRANCH, REPRESENTED BY ITS MANAGER PERINTHALMANNA, MALAPPURAM DISTRICT.5. NATIONAL BANK FOR AGRICULTURAL DEVELOPMENT (NABARD), THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF MANAGER. BY ADV. SRI.VIVEK VARGHESE P.J. BY ADV. SRI.VARUGHESE M EASO BY ADV. SRI.P.J.VINOD JOSEPH R3 & R4 BY SRI.C.K.KARUNAKARAN,SC,DHANALAKSHMI BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PETITIONER'S EXHIBITS :-
RESPONDENT'S EXHIBITS :
NIL.
//TRUE COPY//
P.A TO JUDGE
A.M.SHAFFIQUE, J
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W.P.C.No.30450 of 2009
---------------------------------------- Dated this the 31[st] day of December 2012
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J U D G M E N T
Heard learned counsel for the petitioner and learnedcounsel for respondents 1 to 4.
2. The writ petition is filed when the respondent Bank denied the benefit under Debt Relief Scheme which was soughtby the petitioner. During the pendency of the writ petition, itseems that a suit was filed by the Bank against the petitioner andan ex parte decree was obtained. The ex parte decree was setaside by the orders passed by this Court in O.P.(C) No.3774/2012dated 14/11/2012 and as a condition imposed by this Court,Rs.2,00,000/- was deposited before the respondent Bank.
3. In the meantime, the petitioner also approached theCommission constituted under 'The Kerala Farmers Debt ReliefCommission Act and Rules' seeking the benefit under the DebtRelief Scheme as requested by the petitioner which is the subjectmatter of the writ petition also.
W.P.C.No.30450/2009
4. In so far as the petitioner had already approached theCommission constituted under Section 3 of 'The Kerala FarmersDebt Relief Commission Act', the said Commission has all thepowers to consider the request made by the petitioner in thiswrit petition as well, there is no necessity to consider this writpetition on merits.
In that view of the matter, leaving open all the contentions urged by the petitioner in this writ petition to be agitated beforethe Commission, this writ petition is disposed of without anyfurther orders as such. All contentions of either parties are leftopen to be considered by the Commission.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
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