Ashokan N.P vs Pattanakkad Service ...
2021 Latest Caselaw 6724 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.20089 OF 2020(I)


PETITIONER/S:

            ASHOKAN N.P.
            AGED 75 YEARS
            S/O.LATE PRABHAKARAN, OMANA COLLEGE,
            THURAVOOR P.O., CHERTHALA-688532.

            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 JOINT REGISTRAR (GENERAL),
            OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR,
            ALAPPUZHA, PIN-688001.

      4     THE ASSISTANT REGISTRAR (GENERAL),
            OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR,
            CHERTHALA, PIN-688525.

            BY ADV. SRI.T.R.HARIKUMAR
            BY ADV. SRI.ARJUN RAGHAVAN
            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.20089 OF 2020(I)
                                  2




                         JUDGMENT

The petitioner has deposited his savings in

Fixed Deposits in the first respondent, Pattanakkad

Service Co-operative Bank Ltd. The total amount so

deposited is Rs.7,36,000/- (Rupees seven lakhs thirty

six thousand only) evidenced by Ext.P1 to Ext.P6 Fixed

Deposit receipts. The grievance of the petitioner is that

the amount is his life long savings and in spite of

maturity of the Fixed Deposits, amount due with

interest has not been paid to him. Direction is sought

for release of the money.

2. On instructions, learned standing counsel for

the Pattanakkad Service Co-operative Bank Ltd

submitted that, the Society is in extreme financial

difficulties and reasonable time may be granted to

repay the money with interest. Having considered this,

I am inclined to dispose of the Writ Petition, with a

direction that the first respondent Bank shall pay the WP(C).No.20089 OF 2020(I)

entire amounts covered by the said Fixed Deposit

receipts in 10 equal monthly installments commencing

from 15.03.2021. Every installment shall be paid on or

before the 15th of every succeeding month.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.20089 OF 2020(I)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE F.D.RECEIPTS(2 NOS.) DATED 14.6.2012.

EXHIBIT P2 A TRUE COPY OF THE F.D. RECEIPT DATED 31.1.2013.

EXHIBIT P3 A TRUE COPY OF THE F.D. RECEIPTS (3 NOS.) DATED 15.2.2013.

EXHIBIT P4 A TRUE COPY OF THE F.D. RECEIPTS DATED 31.12.2011.

EXHIBIT P5 A TRUE COPY OF THE F.D.RECEIPTS (2 NOS.) DATED 31.3.2015.

EXHIBIT P6 A TRUE COPY OF THE F.D.RECEIPTS (2 NOS.) DATED 7.12.2018.

EXHIBIT P7 A TRUE COPY OF THE REQUEST DATED 9.3.2020.

EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 18.6.2020.

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.32165/2019 DATED 17.9.2020.

   RESPONDENT'S/S EXHIBITS        NIL