Kerala High Court
Kairali T K vs Dhanlaxmi Bank on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15678 OF 2024
PETITIONERS:
KAIRALI T K,
AGED 60 YEARS
W/O PRASAD, RESIDING AT KOTTAPPURAM (KOTTAPURATH,
MARIYATHURUTH, KUDAMALOOR PO, KOTTAYAM, PIN -686017
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN -686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR(RR),
PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI.P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15704 OF 2024
PETITIONER:
BAIJU P.K.,
AGED 53 YEARS
S/O KUNJUMON, RESIDING AT PUTHUVELIYIL, KUMARAKOM PO,
KOTTAYAM DISTRICT, PIN - 686019
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA,KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY
TAHSILDAR(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS
STATION, KOTTAYAM DISTRICT, PIN - 686001
SRI. P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15678/2024, 15734/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15734 OF 2024
PETITIONER:
MINI SHAJI,
AGED 48 YEARS
D/O SHAJI, RESIDING AT KIZHAKKEPARANJALIL, NEERICADU
PO,AYARKUNNAM, KOTTAYAM DISTRICT, PIN - 686564
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN -686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI.P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15743 OF 2024
PETITIONER:
VILASINI VIJAYAN,
AGED 58 YEARS
W/O VIJAYAN, RESIDING AT CHIRAYIL, AYMANAM PO,
KOTTYAM, PIN - 686015
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY
JUNCTION,THIRUNAKKARA,KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI.P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15745 OF 2024
PETITIONER:
LALI,
AGED 56 YEARS
D/O ASHOKAN, RESIDING AT THAIPARAMPIL, AYMANAM PO,
KOTTAYAM, PIN - 686015
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI. P. VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15748 OF 2024
PETITIONER:
SREENIMOL,
AGED 45 YEARS
W/O SURESH, RESIDING AT SREENILAYAM, ATHIRAMPUZHA PO,
KOTTAYAM, PIN - 686562
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI.NAGARAJ NARAYANAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15772 OF 2024
PETITIONER:
KUMARI C.T.,
AGED 60 YEARS
D/O THANKAPPAN, RESIDING AT CHITTUKIZHAKKATHIL,
SREEKANDAMANGALAM PO, ATHIRAMPUZHA, KOTTAYAM,
PIN - 686563
BY ADV P.T.SHEEJISH
RESPONDENTS:
1 DHANLAXMI BANK,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
2 DEPUTY TAHSILDAR (RR),
KOTTAYAMTALUK, OFFICE OF THE DEPUTY TAHSILDAR
(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
KOTTAYAM DISTRICT, PIN - 686001
SRI.P.VIJAYARAGHAVAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15678/2024 & Con.Cases
8
JUDGMENT
[WP(C) Nos.15678/2024, 15704/2024, 15734/2024, 15743/2024, 15745/2024, 15748/2024, 15772/2024] The petitioners singularly seek a direction to respondents 1 and 2 to consider Ext.P2 representation, thus permitting them to pay off the entire outstanding in the loan account availed of from them in 30 equal monthly installments. They also seek that the 1 st respondent be directed to provide them Account Statements, so as to enable them to do as afore.
2. However, in response to the afore submissions of Sri.P.T.Sheejish - learned counsel for the petitioners, Sri.Vijayaraghavan - learned Standing Counsel for the respondent Bank (appearing for some other matters); and Sri.Nagaraj Narayanan, who appeared for the others, submitted that the representations made by the petitioners are not liable to be considered because the terms of the loans have long expired; and that the best which can be offered to the petitioners is that they be permitted to pay off the entire liability in lumpsum, under a proper settlement to be offered by them. They added that, for this, petitioners will have to make a proper application, offering the upfront payment and indicating the manner in which the WP(C) NO. 15678/2024 & Con.Cases 9 balance will be liquidated; which will then be considered by the competent Authority of the Bank, subject to applicable terms. They, however, explained that there is no 'One Time Settlement' scheme as of now.
3. I have no doubt that the afore stand of the respondent Bank is the most apposite in the circumstances presented because, this Court cannot direct them to allow borrowers to settle loan accounts in installments, unless it is conceded; and hence, the only other option for the petitioners is to seek a 'One Time Settlement', as per the terms to be fixed by the Bank. For this, they will have to make a proper offer, indicating the amount that they will be able to pay upfront and the manner in which the balance will be honoured.
In the afore circumstances,
(a) I allow these Writ Petitions to the limited extent of leaving liberty to the petitioners in these matters to file an appropriate application before the Bank, seeking settlement of their respective loan accounts; and if this is done within a period of one month from the date of receipt of a copy of this judgment, the same shall be considered by its competent Authority, stipulating the terms under which it can be accepted - if it is so acceptable; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible WP(C) NO. 15678/2024 & Con.Cases 10 thereafter.
(b) Needless to say, I have not entered into any of the rival contentions of the parties, including as to whether the petitioners or any of them are entitled to One Time Settlement or otherwise, and these matters are left open to the Bank to decide appropriately on a case-by-case basis, after hearing the parties.
(c) It also goes without saying that, until such time as the afore is done and the resultant orders communicated to the petitioners - in the event they invoke the remedy reserved to them in (a) above, all further coercive recovery action against them will stand deferred; but which can be taken forward based on such a decision, without having to obtain any further orders from this Court thereafter.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/16.4 WP(C) NO. 15678/2024 & Con.Cases 11 APPENDIX OF WP(C) 15678/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE RESPONDENTS 1 AND 2 WP(C) NO. 15678/2024 & Con.Cases 12 APPENDIX OF WP(C) 15704/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT WP(C) NO. 15678/2024 & Con.Cases 13 APPENDIX OF WP(C) 15734/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'S N MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT WP(C) NO. 15678/2024 & Con.Cases 14 APPENDIX OF WP(C) 15743/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'S N MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT WP(C) NO. 15678/2024 & Con.Cases 15 APPENDIX OF WP(C) 15745/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT WP(C) NO. 15678/2024 & Con.Cases 16 APPENDIX OF WP(C) 15748/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT WP(C) NO. 15678/2024 & Con.Cases 17 APPENDIX OF WP(C) 15772/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.
ANEESHKUMAR BEFORE THE 1ST RESPONDENT