IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34144 of 2008(M)
1. P.GOPALAKRISHNAN
... Petitioner
Vs
1. BRANCH MANAGER,UNION BANK OF INDIA
... Respondent
2. THE AUTHORISED OFFICER,
For Petitioner :SRI.P.R.VENKETESH
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/11/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.34144 of 2008-M
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 19th day of November, 2008.
JUDGMENT
In so far as this writ petition is concerned, the
rights and liabilities of the parties in relation
to the transaction in question stand concluded by
Ext.P5 judgment of this Court and it is
impermissible for a separate writ being issued
merely because the petitioner had not obeyed the
conditions imposed by this Court in the said
judgment. It is stated by the learned counsel for
the bank that in spite of the instalment facility
granted in Ext.P5 judgment, not a pie was paid.
The learned counsel for the petitioner states
that all that the petitioner requires is two
weeks’ time. It is not permissible to issue a
fresh writ when the petitioner could have at
least sought for variation of the terms of
Ext.P5. By now even that exercise cannot be had
WP(C)34144/08 -: 2 :-
since the petitioner had permitted the time
fixed by Ext.P5 to run out. Under such
circumstances, this writ petition is dismissed
without prejudice to the petitioner requesting
the bank to defer action by two weeks.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/191108