High Court Kerala High Court

Jossy Varghese vs The Branch Manager on 23 January, 2009

Kerala High Court
Jossy Varghese vs The Branch Manager on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2499 of 2009(V)


1. JOSSY VARGHESE, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. THE BRANCH MANAGER, ING VYSYA BANK
                       ...       Respondent

2. THE AUTHORISED OFFICER, ING VYSYA BANK

3. JOGY VARGHESE, S/O.LATE T.J.VARGHESE,

                For Petitioner  :SRI.BIMAL K.NATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :23/01/2009

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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             W.P.(C).No.2499 of 2009-V

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      Dated this the 23rd day of January, 2009.

                     JUDGMENT

Petitioner’s counsel seeks an adjournment. The

learned counsel for the bank points out that the

third respondent had filed WP(C).33310/2008 and

obtained judgment dated 11-12-2008 by which that

writ petition was permitted to be withdrawn as no

amount was deposited following the interim order

passed in that case. The learned counsel for the

bank further points out that the said writ petition

was also filed through the same counsel.

The petitioner herein says that he is the guarantor

for a loan availed by the third respondent. The

principal debtor, having failed to pay off the

amounts in terms of the interim orders, that

ultimately led to the dismissal of WP(C)3331/2008.

I am not inclined to consider this writ petition.

The same is accordingly dismissed.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/050209