Kerala High Court
Prajina vs The Kolari Service Co-Operative Bank ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12271 OF 2024
PETITIONER:
PRAJINA, AGED 36 YEARS
W/O. BINEESH, BINEESH MANDIRAM, MARUTHAYI. P.O,
MATTANNUR, KANNUR DISTRICT,, PIN - 670702
CIBI THOMAS
ANSIA K.A.
AISHWARYA SHIVAKUMAR
RESPONDENTS:
1 THE KOLARI SERVICE CO-OPERATIVE BANK LTD
NO. C- 19, PALOTTUPALLI, REPRESENTED BY ITS
SECRETARY, PALOTTUPALLI.P.O, MATTANNUR, KANNUR
DISTRICT, PIN - 670702
2 THE SPECIAL SALE OFFICER,
ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES IRITTY,
PUNNAD. P.O, KANNUR DISTRICT, PIN - 670703
3 THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES,
OFFICE OF THE JOINT REGISTRAR OF CO- OPERATIVE
SOCIETIES (GENERAL) KANNUR , THAVAKKARA, KANNUR
DISTRICT-, PIN - 670002
SMT.MABLE C.KURIAN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12271 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that the respondent - Bank be directed to allow her to pay off the overdue amount in the loan account in 20 equal monthly installments so as to have it regularised. She submitted that she is constrained to make this request because of the financial constraints she is facing and hence being unable to make payment in lump sum.
2. The endorsements on the files of this case indicate that the petitioner has already taken out notice to the first respondent by Email and in fact, when this matter was considered by this Court on 02.04.2024, I requested the learned Government Pleader to make arrangements, through the Liaison Officer, to inform the respondent - Bank appropriately. Today, it is confirmed by the learned Government Pleader - Smt.Mable C.Kurian that this has been done.
3. It is rather distressing that the first respondent has still refused to appear before this Court. However, this cannot be a reason for this Court to refrain from passing appropriate orders.
4. In the afore circumstances, I allow this writ petition, WP(C) NO. 12271 OF 2024 3 leaving liberty to the petitioner to approach the Bank with an appropriate representation seeking any relief/claim that she may make; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the competent Authority of the said Bank, after affording her an opportunity of being heard, thus culminating in an appropriate order and necessary action thereon without any avoidable delay thereafter.
5. Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, the interim order granted by this Court on 26.03.2024 will continue to be in operation.
I, however, clarify that I have not entered into the merits of the claims of the petitioner and that they are left to be decided by the respondent - Bank appropriately.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12271 OF 2024 4 APPENDIX OF WP(C) 12271/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATE 04.03.2024 ISSUED BY 2ND RESPONDENT