Chekkamadath Shafi vs The State Bank Of Travancore on 12 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33416 of 2008(C)


1. CHEKKAMADATH SHAFI,
                      ...  Petitioner

                        Vs



1. THE STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. THE AUTHORISED OFFICER,

3. C.M.NAZAR, S/O.ALI MUHAMMED,

                For Petitioner  :SRIC.M.MOHAMMED IQUABAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :12/11/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                    W.P(C).No.33416 OF 2008
                   -------------------------------------------
            Dated this the 12th day of November, 2008


                               JUDGMENT

Petitioner’s father availed a loan from the first respondent.

He then approached this Court by filing Ext.P2 writ petition,

contending that he is a fisherman and is entitled to the benefit of

moratorium declared by the Government. This Court upheld the

stand of the bank that he cannot claim to be a fisherman since he

is a dealer in dry fish. Yet, this Court granted certain directions,

which provided the petitioner in Ext.P2 case to pay off the

outstandings in instalments. No amount was paid following that

judgment dated 22.4.2008. The said judgment also contains a

default clause in favour of the bank. On the face of that, even if

Exts.P3 and P4 are to be acted upon, no further orders could be

granted in this writ petition filed by the son of the petitioner in

Ext.P2 case. The finality of Ext.P2 cannot be re-opened in this

writ petition. This writ petition is, hence, dismissed.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.