DILEEP B. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner's brother borrowed money from the respondent Bank, and later defaulted. As a result, the Bank initiated recovery proceedings. He filed W.P.(C) No.29075 of 2018 and invited the Ext.P1 judgment. This Court disposed of the writ petition, with the following directions: "So based on the Bank's concession, this Court disposes of the writ petition, directing the petitioner to pay Rs.1 lakh within a period of one month from the date of receipt of a certified copy of this judgment and the balance amount in four equal monthly instalments. The petitioner has to pay the loans including the amounts that have accrued in the meanwhile, and other incidental expenditure, about which the Bank may communicate to the petitioner. On the petitioner's paying 50% of the amount as agreed, the Bank will re- deliver the possession to the petitioner. On the other hand, if the petitioner fails to pay any single instalment within the stipulated time, the respondent Bank can proceed without recourse to this Court.

(2.) By the time the petitioner's brother approached this Court, the Bank took possession of the secured asset that belongs to the petitioner, a guarantor. So the Ext.P1 judgment wanted the Bank to redeliver the possession to the petitioner's brother, the original borrower, on his complying with the condition.

(3.) Now, the petitioner guarantor has come up with this writ petition.