A petitioner must comply with interim orders to be eligible for relief; failing to do so necessitates pursuing remedies in designated tribunals.

JUDGMENT

[WP(C) Nos.18904/2022, 8316/2022]

When these writ petitions are taken up for consideration today, it is the submission of the learned counsel appearing for the 1st respondent bank that the petitioner has not complied with the interim order dated 20.6.2022 in W.P.(C)No.18904/2022. Though the learned counsel for the petitioner submits that an amount of Rs.10 lakhs was remitted, the learned counsel appearing for the 1st respondent bank states that the said amount was remitted by the principal borrower in this case, who has other loans also with the 1st respondent bank. It is submitted that the amount of Rs.10 lakhs was remitted by the principal borrower without specifying the loan account in respect of which the amounts are being paid. It is also pointed out that the petitioner has approached the Debt Recovery Tribunal by filing a Securitisation Application and therefore, the petitioner is not entitled to any discretionary relief from this Court.

Taking note of all the aforesaid facts and taking into consideration the fact that the condition in the interim order dated 20.6.2022 remains unsatisfied, these writ petitions are dismissed making it clear that the petitioner will be free to pursue his remedies before the Debt Recovery Tribunal.

sd/- GOPINATH P.

JUDGE acd APPENDIX OF WP(C) 8316/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 28859/2019 DATED 5.11.2019.

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED

24.11.2021 ISSUED FROM MOULANA HOSPITAL, PERINTHALMANNA.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 2019/2022 DATED 20.01.2022.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 27.01.2022 ISSUED BY THE BANK.

Exhibit P5 TRUE COPY OF THE RECEIPTS DATED 24.02.2022 ISSUED BY THE BANK.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN RP 178/2022 DATED 25.02.2022.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ORIGINAL BORROWER ON 25.02.2022 Exhibit P8 TRUE COPY OF THE NOTICE DATED 19.02.2022 ISSUED BY THE RESPONDENT BANK.

Exhibit P8(a) TRUE COPY OF THE NOTICE DATED 28.02.2022 ISSUED BY THE BANK.

Exhibit P9 TRUE COPY OF THE COMMUNICATION SENT BY THE RESPONDENT BANK TO THE PETITIONER DATED

4.3.2022.

APPENDIX OF WP(C) 18904/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO. 28859/2019 DATED 5-11-2019 Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED

24-11-2021 ISSUED FROM MOULANA HOSPITAL, PERINTHALMANNA Exhibit P3 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.2019/2022 DATED 20-1-2022 Exhibit P4 TRUE COPY OF THE RECEIPT DATED 27-12022 ISSUED BY THE BANK Exhibit P5 TRUE COPY OF THE RECEIPTS DATED 24-2-2022 ISSUED BY THE BANK Exhibit P6 TRUE COPY OF THE JUDGMENT IN RP 178/2022 DATED 25-2-2022 Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ORIGINAL BORROWER ON 25-2-2022 Exhibit P8 TRUE COPY OF THE NOTICE DATED 19-2-2022 ISSUED BY THE RESPONDENT BANK Exhibit P8 A TRUE COPY OF THE NOTICE DATED 28-2- 2022 ISSUED BY THE BANK Exhibit P9 TRUE COPY OF THE COMMUNICATION SENT BY THE RESPONDENT BANK TO THE PETITIONER DATED 4- 3-2022 Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 14-3- 2022 IN WRIT PETITION NO.8316/2022 Exhibit P11 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 27-5-2022