V.Vinayachandran vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 6706 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.2429 OF 2021(C)


PETITIONER:

               V.VINAYACHANDRAN
               AGED 49 YEARS
               S/O. T.S. VIDHYADHARAN,
               VADAKKEYATTATHUKADAYIL VEEDU,
               NEDUMPANA P.O. KOLLAM 691 576.

               BY ADVS.
               SRI.M.KIRANLAL
               SRI.MANU RAMACHANDRAN
               SRI.T.S.SARATH
               SRI.R.RAJESH (VARKALA)

RESPONDENTS:

      1        THE REGISTRAR OF CO-OPERATIVE SOCIETIES
               JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
               THYCAUD P.O. THIRUVANANTHAPURAM 695 014.

      2        JOINT REGISTRAR (GENERAL),
               CO-OPERATIVE DISTRICT LEVEL COMMITTE,
               CIVIL STATION, KOLLAM 691 013.

      3        THE SECRETARY/DEPUTY REGISTRAR S.N.V.,
               REGIONAL CO-OPERATIVE BANK LIMITED, NO. 1685,
               PARAVUR P.O.
               KOLLAM 691 301.

               R3 BY ADV. SRI.B.SURESH KUMAR

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2429 OF 2021

                                   2




                              JUDGMENT

Dated this the 25th day of February 2021

The petitioner had availed a loan of

Rs.7,00,000/- from the respondent Bank. He committed

default and the petitioner availed the benefit of

Navakeraleeyam Scheme-75/2020. It is seen that the

matter was settled between the parties and an amount of

Rs.10,00,000/- was agreed to be paid. It seems that, a

portion of the above amount was deposited in two

installments by the petitioner. The remittances so made

were kept in the suspense account, Subsequently, it

was transferred to the loan account. The grievance of

the petitioner is that, it was done without intimation

to the petitioner and consequently he had sustained

loss.

2. The learned Standing Counsel for the Bank

invited my attention to the statement filed by the Bank

along with I.A.No.1/2021. The details of the adjustment

of the money, the interest that had accrued etc. are

specifically mentioned therein.

WP(C).No.2429 OF 2021

3. Though the learned counsel for the

petitioner vehemently contented that, the Bank ought to

have intimated the petitioner before transferring the

amount from the suspense account to the petitioner's

loan account. I am unable to appreciate as to how that

has prejudiced the petitioner. In fact, it appears

that, it might have been beneficial to the petitioner

since, the amount kept in suspense account may not

fetch attractive interest. However, the petitioner has

raised this objection by filing Ext.P5 representation.

When the matter was taken up, the learned Standing

Counsel for the Bank submitted that the Navakeraleeyam

2020 scheme has expired and if the petitioner so

desires, he can avail the benefit of Navakeraleeyam

2021, covered by notification No. 1/2021.

4. Accordingly, I am inclined to dispose of the

writ petition with a direction that the Bank shall

consider the grievances set up by the petitioner in

Ext.P5 and shall pass appropriate orders, as

expeditiously as possible, at any rate, within a period

of one month from the date of receipt of a copy this WP(C).No.2429 OF 2021

judgment. It is also made clear that, if the petitioner

proposes to avail the benefit of the scheme under

Navakeraleeyam 2021, the petitioner shall also make a

further representation disclosing it, whereupon the

Bank shall try to grant maximum benefit available under

the scheme to the petitioner.

Accordingly, the Writ petition is disposed of

reserving the right of the petitioner to raise

objections, if any, in case any further grievance

arises. The Bank shall give a statement of accounts

detailing the interest accrued for the above period,

for reference of the petitioner.

Sd/-

                                                 SUNIL THOMAS
                                                       JUDGE
Jms                             //True Copy//           P.A to Judge
 WP(C).No.2429 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              A TRUE COPY OF THE RECEIPT DATED 22.01.2019
                        ISSUED BY THE BANK.

EXHIBIT P2              A TRUE COPY OF THE RECEIPT DATED 27.06.2019
                        ISSUED BY THE BANK.

EXHIBIT P3              A TRUE COPY OF THE CIRCULAR DATED

16.12.2019 ISSUED BY THE REGISTRAR OPERATIVE SOCIETIES.

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 07.11.2020.

EXHIBIT P5 A TRUE COPY OF THE NOTICE REPRESENTATION DATED 28.12.2020.

RESPONDENTS' EXHIBITS:

EXHIBIT R3(a) A TRUE COPY OF THE LETTER DATED 23.01.2021 GIVEN TO THE PETITIONER BY BANK.

//True Copy// P.A to Judge