IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30051 of 2008(C)
1. K.MURUKESAN ASARI,
... Petitioner
Vs
1. THE BRANCH MANAGER, THE KERALA STATE
... Respondent
2. THE AUTHORISED OFFICER,
3. THE REGIONAL MANAGER, KERALA STATE
For Petitioner :SRI.R.GOPAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :21/10/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.30051 OF 2008
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Dated this the 21st day of October, 2008
JUDGMENT
Heard learned counsel for the petitioner and learned
standing counsel for the respondents.
The petitioner seeks a direction to consider Ext.P2
representation and also an order quashing Ext.P4 notice under
the provisions of the SARFAESI Act, recalling an amount of
Rs.5,33,456/- with interest from 1.7.2007. The loan was a cash-
credit facility and the outstandings have been grown in relation
to a commercial transaction. There is no jurisdictional error or
legal infirmity in the impugned Ext.P4 proceedings. The
petitioner, therefore, confines his submissions to a request that
Ext.P2 may be directed to be considered. I am sure in my mind
that no grounds for issuance of a mandamus for consideration of
a representation has been demonstrated in this case. The
benefit of any circular issued by the Registrar of Co-operative
Societies cannot be enforced against a bank unless the bank
WPC.30051/08
Page numbers
agrees to it. This is because there is apparently sleek power for
statutory circulars being issued to regulate the banking sector.
Be that as it may, having regard to the different amounts
involved, it is directed that if the petitioner deposits an amount
of Rs.2 lakhs within a period of three weeks, the bank will
consider Ext.P2 representation. The writ petition is ordered
accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.