IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33056 of 2008(I)
1. MUHAMMED ABDUL KHADER S/O.ABDUL RAHMAN-
... Petitioner
Vs
1. THE CENTRAL BANK OF INDIA TRIVANDRUM
... Respondent
2. KASIM SHAFI S/O. OSNAR KUNJU
3. SHAKKELA D/O.KHADIJA BEEVI
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.DEVAN RAMACHANDRAN(B/O)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :18/12/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
------------------------------------------------------
W.P.(C) NO.33056 OF 2008 (I)
------------------------------------------------------
Dated this the 18th day of December, 2008
J U D G M E N T
The petitioner states that he has certain rights over an
item of property against which distress proceedings are initiated at
the instance of the first respondent bank and that no security could
have been created in view of the decree in O.S.No.276/1998. The
matter is essentially, allegations and counter allegations between the
petitioner and respondents 2 and 3. When this matter came up for
consideration, on 10-11-2008, it was ordered that if either among the
petitioner or respondents 2 and 3 pays off the outstandings, the bank
would submit all documents before the Civil Court where the
petitioner and respondents 2 and 3 are litigating. On 18-11-2008,
respondents 2 and 3 submitted that they would settle the
transaction. Again, on 3-12-2008, the same submission was
repeated and recorded. Until now, no deposit is made. Today, the
W.P.(C) No.33056/2008
– 2 –
learned counsel for the respondents 2 and 3 states that his clients
have not responded in spite of a letter. Obviously, parties are not
willing to proceed with this case. This writ petition fails and the same
is accordingly dismissed without prejudice to the rights of the
petitioner and respondents 2 and 3 to litigate inter se.
Sd/-
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/20/12
// True copy //
P.A. to Judge.