IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 38056 of 2008(E) -------------------------- PETITIONER(S): --------------- R.VELAYUDHAN , AGED 85, S/O. RAMANASSARY, R.V.BHAVANAM, RAMAPURAM BASAR P.O. BY ADV. SRI.MATHEW ABRAHAM RESPONDENT(S): --------------- 1. KIZHATHADIYOOR SERVICE CO-OP. BANK, LTD. NO.1995, KIZHATHADIYOOR, MEENACHIL, PALA, KOTTAYAM DISTRICT, REP. BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, INSPECTOR OF CO-OPERATIVE SOCIETIES KIZHATHADIYOOR SERVICE CO-OPERATIVE SOCIETIES KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD 3. M.K.SANTHI, AGED 46 YEARS, W/O. SASI MONY,R.V.BHAVANAM, P.O.RAMAPURAM DESOM, MEENACHIL, PALA. 4. JOYKUTTY, AUGUSTINE, OOTUPUZHAYIL AGED 55 YEARS, S/O. AUGUSTINE R.V.BHAVANAM, RAMAPURAM BASAR P.O. ADV. SRI.P.C.HARIDAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.38056 of 2008 ================== Dated this the 29th day of October, 2009 J U D G M E N T This writ petition is filed by the petitioner who is a defaulter in repayment of loan amounts due from him to the 1st respondent Co- operative Bank. Challenging proceedings initiated by the Bank for recovery of the loan amounts due from the petitioner, the petitioner has filed this writ petition. On 26.12.2008 this Court passed the following interim order in this writ petition: “Notice and interim stay on condition that petitioner deposits an amount at the rate of Rs.3,00,000/- (Rupees three lakhs only) per month payable on or before 15th of every month commencing from January, 2009. If there is any default in remitting the instalments as aforesaid, this order will stand recalled automatically and respondents will be at liberty to further proceed with action. Petitioner to take steps today itself. Communicate the order to respondents 1 and 2.” Admittedly the condition in the interim order has not been complied with by the petitioner. When the matter came up yesterday, I posted the matter for further orders along with W.P.(C).No. 29904/2009. When the matter was taken up, the counsel for the petitioner was absent. Therefore, I posted the same to today. Today also, none appears for the petitioner. The petitioner is also absent. In the above circumstances, this writ petition is dismissed for default. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2