IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 547 of 2006(M)
1. YOHANNAN, S/O. FRANCIS,
... Petitioner
Vs
1. KARUNAGAPPALLY CO-OPERATIVE AGRICULTURAL
... Respondent
2. SPECIAL SALE OFFICER,
3. K.G. JOSEPH,
4. K.J. JOY,
5. SMT. LATHA, W/O. K.J. JOY,
For Petitioner :SRI.G.BHAGAVAT SINGH
For Respondent :SRI P.G.PARAMESWARA PANICKER
The Hon'ble MR. Justice K.THANKAPPAN
Dated :19/09/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NO. 547 OF 2006
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Dated this the 19th day of September, 2006
JUDGMENT
The petitioner along with respondents 3 to 5 availed of a loan of
Rs.8,00,000/- from the first respondent – Bank. Since the loan amount was
not repaid as agreed, steps were taken against the petitioner and the others.
The petitioner now submits that the agreement signed by him was for a
loan of Rs.3,00,000/- and that the first respondent – Bank and respondents
3 to 5 committed fraud by showing the loan amount as Rs.8,00,000/-.
The petitioner, therefore, seeks to quash Ext.P5 proclamation notice issued
by the second respondent.
2. A counter affidavit has been filed for and on behalf of the first
respondent. Exts.R1(a) to R1(i) produced along with the counter affidavit
would show that the petitioner had applied for a loan of Rs.10,00,000/-,
but the Bank sanctioned only Rs.8,00,000/-. In the above circumstances,
the first respondent can proceed against the petitioner and the others as per
WP.(C)NO.547/2006. 2
law. If the petitioner has a case that the first respondent – Bank committed
fraud, it is left to the petitioner to proceed against the Bank as per law.
The Writ Petition is accordingly dismissed.
(K.THANKAPPAN, JUDGE)
sp/