Dineshan P vs The Kannur District Co-Operative ...
2021 Latest Caselaw 15170 Ker

W.P(C).4987/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
          TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                            WP(C) NO. 4987 OF 2021
PETITIONER/S:

              DINESHAN P., AGED 42 YEARS
              S/O KANNAN, RESIDING AT PANNERI HOUSE, AZHIKODE
              P.O.KANNUR-670 009.

              BY ADV C.K.SREEJITH



RESPONDENT/S:

      1       THE KANNUR DISTRICT CO-OPERATIVE BANK LTD.,
              (THE KERALA STATE CO-OPERATIVE BANK LTD), PUTHIYATHERU
              EVENING BRANCH, KANNUR-670 011,REP BY BRANCH MANAGER.

      2       THE KANNUR DISTRICT CO-OPERATIVE BANK LTD,
              REP BY CHAIRMAN/MANAGING DIRECTOR, KANNUR-670 001.

      3       THE JOINT REGISTRAR CO-OPERATIVE BANK,
              KANNUR-670 001.

              BY ADV SRI.M.SASINDRAN



OTHER PRESENT:

              SR.GP K.P HARISH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4987/2021
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                               JUDGMENT

Petitioner had availed a personal/business loan of Rs.15 lakhs from

the first respondent/bank on 20.12.2017. Before the release of the above

amount, bank transferred an amount of Rs.2,71,746/- on 20.12.2017 to the

bank account of one Mr.Raveendran K. According to the petitioner, this

was done unauthorizedly. The relief sought by the petitioner in this writ

petition is for a direction to the bank to refund the sum of Rs.2,71,746/- to

the petitioner and for a direction to the bank not to collect the interest on

Rs.2,71,746/- from 20.11.2017.

2. Denying the above contention, respondents Nos.1 and 2 have

filed a detailed statement, wherein, they relied on Ext.R1(a), copy of the

loan sanctioning order dated 18.12.2017 to contend that, by virtue of the

above as well as Annexure.R1(b), petitioner had agreed for such a

transfer. No reply has been filed to the specific averments contained in

the statement.

3. None of the reliefs sought by the petitioner in the Writ

Petition can be granted. If the petitioner is aggrieved and is seriously

disputing Annexures.R1(a) and R1(b), it is up to the petitioner to seek

appropriate relief in accordance with law. The writ jurisdiction cannot be

invoked for deciding disputed questions of fact. W.P(C).4987/2021

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).4987/2021

APPENDIX OF WP(C) 4987/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 28.1.2021

EXHIBIT P2 THE TRUE COPY OF THE ACCOUNT STATEMENT OF THE BANK

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES DATED 12.2.2021

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION BEFORE THE BRANCH MANAGER, KERALA BANK., PUTHIYATHERU BRANCCH 30.1.2021

ANNEXURE R1(a) TRUE COPY OF THE LOAN SANCTIONING ORDER DATED 18.12.2017

ANNEXURE R1(b) TRUE COPY OF THE AGREEMENT DATED 20.12.2017 SIGNED BY THE PETITIONER AGREEING THE TERMS AND CONDITIONS OF THE LOAN SANCTION