Madhavikutty M vs Beypore Service Co-Operative Bank ...

Kerala High Court

Madhavikutty M vs Beypore Service Co-Operative Bank ... on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 8684 OF 2022
PETITIONER:

              MADHAVIKUTTY M.
              AGED 34 YEARS
              D/O.LATE KRISHNA DAS, 'PRABHATH', NADUVATTOM, BEYPORE
              NORTH, KOZHIKODE - 673 015.
              BY ADVS.
              MANU VYASAN PETER
              P.B.KRISHNAN(K/1193/1994)
              P.B.SUBRAMANYAN(K/1145/2009)
              SABU GEORGE(K/000711/1998)
              B.ANUSREE(K/000951/2016)
              ABRAHAM BABU KALLIVAYALIL(K/1663/2020)


RESPONDENTS:

     1        BEYPORE SERVICE CO-OPERATIVE BANK LIMITED
              LL NO.35, HEAD OFFICE, ARAKKINAR P.O., KOZHIKODE - 673
              208 REPRESENTED BY ITS SECRETARY.
     2        BEYPORE SERVICE CO-OPERATIVE BANK LIMITED
              LL NO.35, MAIN BRANCH, ARAKKINAR P.O., KOZHIKODE - 673208
              REPRESENTED BY ITS BRANCH MANAGER.
     3        M.K.RAMADAS
              AGED 73 YEARS
              S/O.LATE P.A.KUNHIKANNAN NAIR, ASHIRWARD, PUNCHAPADUM
              ROAD, BEYPORE NORTH, KOZHIKODE DISTRICT - 673 015.
     4        SOBHANA
              W/O.M.K.RAMADAS, ASHIRWAD, PUNCHAPADUM ROAD, BEYPORE
              NORTH, KOZHIKODE DISTRICT - 673 015.
     5        AKSHAY
              S/O.M.K.RAMADAS, ASHIRWARD, PUNCHAPADUM ROAD, BEYPORE
              NORTH, KOZHIKODE DISTRICT - 673 015.
     6        AJITHAKUMARI
              W/O.DR.RAMADAS, 'BHESHAJUM', PARAKKULAM, POKKUNNU P.O.,
              KOZHIKODE DISTRICT - 673 007.
              BY ADVS.

              G.SREEKUMAR (CHELUR)
 WP(C) NO. 8684 OF 2022
                                  2




           SRI M M MONAYE(R1 TO R2); SRI G SREEKUMAR(CHELUR)-R3 TO
           R6.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8684 OF 2022
                                          3

                                  JUDGMENT

The petitioner makes various scathing allegations against respondents 3 to 6, who are stated to be her relatives and accuses them of having even misappropriated certain funds from her account maintained with respondents 1 and 2 - Banks.

2. At the crux of her imputations, the petitioner assures respondents 3 to 6 of having manipulated her fiscal affairs; and prays that respondents 1 and 2 - Banks, be directed to transfer her Fixed Deposits with them to her savings account in the State Bank of India (the account number of which has been shown in the prayer portion of the Writ Petition); and for the further direction that the Bank be ordered not to transfer further amounts from her account without her authority to anyone and that they retain all WP(C) NO. 8684 OF 2022 4 documents, including cheques, of certain withdrawals amounting to Rs.18,27,500/- which she says has been done unauthorisedly by the party respondents in the past.

3. However, in response to the afore assertions of the petitioner, as made by her learned counsel - Sri.P.B.Subramanyan, the learned counsel appearing for the party respondents - Sri.G.Sreekumar Chelur, vehemently asserted that his clients have committed no action as has been alleged against them and that the withdrawal mentioned by the petitioner had been done by her, without any junction from his clients. He also added that the allegations made against his clients are so unimaginable and unbelievable that it defies logic, but explained that this is perhaps because the cognitive impairment the petitioner has on account of WP(C) NO. 8684 OF 2022 5 disease - which she herself admits in the pleadings of this case. He submitted that, therefore, his client has no objection to any reliefs being granted to the petitioner; but sought liberty for his clients to rebut and defend all allegations against them, as may become necessary in future, in other collateral proceedings.

4. Sri.M.M.Monaye - learned Standing Counsel for the respondent - Bank, in response, submitted that his client has no objection in the petitioner's Fixed Deposits being released to her, but that this is subject to certain conditions, which he enumerated as being: (a) that she will have to apply for the duplicate of the Deposit Certificates, along with an affidavit indemnifying the Bank from any further claim; and

(b) that the amount will be then transferred, WP(C) NO. 8684 OF 2022 6 subject to eligibility, only to her savings account maintained by his client and not into an account with the State Bank of India. He then submitted that, as regards the 2nd prayer, his client will not and cannot transfer any amounts from her account without her specific permission or instructions; and that coming to the 3rd prayer, all records, as are mandated under law to be maintained, will be done by them, even without any orders from this Court.

5. Sri.P.B.Subramanyan - learned counsel for the petitioner, submitted that, in view of the afore, his client will be satisfied if the reliefs granted and that his client is willing to abide by the afore conditions suggested by Sri.M.M.Monaye.

In the afore circumstances, this writ petition is ordered with the following WP(C) NO. 8684 OF 2022 7 directions:

a) The petitioner is granted liberty to approach respondents 1 and 2 and apply for and obtain the duplicate copies of the Fixed Deposits, along with any document that may be required to be made by her in terms of law.

b) On the petitioner acting as afore and subject to all requirements being satisfied, respondents 1 and 2 will transfer the proceeds of the Fixed Deposits of the petitioner to her savings account with them, without any avoidable delay.

c) Needless to say, any further withdrawals from the petitioner's account with the respondent

- Bank will be only as per her specific instructions and in no other manner; and further that, all the records with respect to the petitioner's account, including cheques and such WP(C) NO. 8684 OF 2022 8 other, as are mandated in law to be maintained, shall be done by the Bank without fail.

It goes without saying that the allegations made by the petitioner against the party respondents have not been answered by this Court and that they are all left open to be either pressed or defended - as the case may be - by the parties appropriately; for which purpose, their rival contentions are left undecided.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8684 OF 2022 9 APPENDIX OF WP(C) 8684/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEGREE CERTIFICATE AWARDED BY THE CALICUT UNIVERSITY.

Exhibit P2 TRUE COPY OF THE PROVISIONAL CERTIFICATE AWARDED BY THE CALICUT UNIVERSITY. Exhibit P3 TRUE COPY OF THE 1ST PAGE OF THE SAVINGS BANK PASSBOOK OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 26/9/2021. Exhibit P5 TRUE COPY OF THE DETAILS OF THE REMAINING FIXED DEPOSITS KEPT WITH THE BANK. Exhibit P6 TRUE COPY OF THE LETTER OFT HE PETITIONER ALONG WITH TYPE WRITTEN COPY.

Exhibit P7 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 5/2/2022. Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 8/2/2022. Exhibit P9 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.ABDU RAZAK K. DATED 16/2/2022. Exhibit P10 TRUE COPY OF THE DETAILS PREPARED BY THE PETITIONER.

Exhibit P11 TRUE COPY OF THE 1ST PAGE OF SBI PASSBOOK OF THE PETITIONER.

Exhibit P12 TRUE COPY OF THE REPORT OF THE MEDICAL BOARD, GOVT. MEDICAL COLLEGE, MANJERI DATED 04.05.2023 Exhibit P13 TRUE COPY OF THE ORDER DATED 24.07.2023 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE Exhibit P14 TRUE COPY OF THE FIR NO. 367/2023 REGISTERED WITH BEYPORE POLICE STATION DATED 01.08.2023 Exhibit P15 TRUE COPY OF THE FIR NO. 742/2023 REGISTERED WITH NALLALAM POLICE STATION DATED 12.10.2023