Kerala High Court
Purushothama Prabhu vs Pattanakkad Service ... on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.341 OF 2021(P)
PETITIONER/S:
PURUSHOTHAMA PRABHU
AGED 76 YEARS
S/O. RAMA PRABHU, BABU PURAM, PATTANAKKAD,
CHERTHALA-688531.
BY ADVS.
SRI.B.PRAMOD
SMT.NAMITHA JYOTHISH
RESPONDENT/S:
1 PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD NO.1144
PATTANAKKAD P.O., CHERTHALA, REP. BY ITS SECRETARY-
688531.
2 THE SECRETARY,
PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD. NO.1144,
PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA, PIN-688531.
3 THE ASSISTANT REGISTRAR (GENERAL),
OFFICE OF THE CO-OPERATIVE ASST. REGISTRAR (GENERAL),
CHERTHALA, PIN-688001.
R1-2 BY ADV. SRI.T.R.HARIKUMAR
R1-2 BY ADV. SRI.ARJUN RAGHAVAN
R3-SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.341 OF 2021(P)
2
JUDGMENT
The petitioner had deposited an amount of
Rs.10,50,000/- (Rupees ten lakhs fifty thousand only) in
the first respondent society evidenced by Ext.P1 to P5
receipts. The grievance of the petitioner is that in spite
of the maturity of the fixed deposit the amount due has
not been paid by the society.
2. When the matter was taken up, the learned
standing counsel for the first and second respondent -
society submitted that the entire amounts due, which
comes to a sum of Rs.9.30 lakhs with interest is payable
to the petitioner. The counsel submitted that society is
ready to pay the entire amount within 12 equal monthly
installments.
3. Having accepted the above proposal as
reasonable in the light of the financial situation of the
society, as projected by the learned counsel for the first
WP(C).No.341 OF 2021(P)
and second respondents, I am inclined to direct that the
above amount, with the accrued interest as submitted by
the learned counsel for the first and second respondents,
shall be paid in 12 equal monthly installments
commencing from April 1, 2021. The first and second
respondents shall furnish statement of accounts in
relation to the fixed deposit to the petitioner within two
weeks from today. It is made clear that in case there is
dispute regarding the actual amount due, the remedy of
the petitioner is kept open.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.341 OF 2021(P)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE F.D.RECEIPTS (2
NOS.) DATED 16.8.2013.
EXHIBIT P2 A TRUE COPY OF THE F.D.RECEIPTS (8
NOS.) DATED 9.10.2017.
EXHIBIT P3 A TRUE COPY OF THE F.D.RECEIPTS (3
NOS.) DATED 5.6.2017.
EXHIBIT P4 A TRUE COPY OF THE F.D. RECEIPT DATED
12.6.2020.
EXHIBIT P5 A TRUE COPY OF THE F.D. RECEIPT DATED
29.11.2020.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.32165/2019 DATED 17.9.2020.
RESPONDENT'S/S EXHIBITS NIL
