M. SHANTHAKUMARI Vs. INDIAN BANK

JUDGEMENT

(1.) These writ appeals are directed against the order dtd. 17/10/2022 passed by the learned Single Judge by which, W.P.No.16070/2022 c/w W.P.No.12788/2022 were dismissed for non-compliance of the order dtd. 17/10/2022.

(2.) The learned counsel for the appellants submits that by the order dtd. 18/8/2022, the Bank was called upon to produce the loan documents and as the same were not produced, the appellants were unable to take any further steps. He submits that there was no opportunity granted to the appellants and therefore, the dismissal of the writ petitions is unsustainable.

(3.) A perusal of the material placed on record shows that the appellants have challenged the notices dtd. 13/1/2022, 22/3/2022 and 2/6/2022 issued by respondent- Bank in the aforesaid writ petitions. On 29/6/2022, the learned Single Judge passed an interim order in favour of the appellants on the condition that they shall deposit Rs.25,00,000.00 within two weeks. However, the appellants have not deposited the said amount. Instead, they filed I.A.No.1/2022 seeking variation of the interim order. The learned Single Judge, by the order dtd. 18/8/2022, rejected I.A.No.1/2022 since no grounds were shown and further directed the office to list the matter after three weeks to enable the Bank to produce the loan documents. Accordingly, the matter was listed on 17/10/2022 and the following order was passed by the learned Single Judge:-