George Scaria vs M/S.Idukki District ...
2021 Latest Caselaw 9879 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                    WP(C).No.2258 OF 2021(F)


PETITIONER/S:

      1     GEORGE SCARIA
            S/O SCARIA, PUTHIYAPARAMBIL HOUSE,
            EZHUKUMVAYAL, ERATTAYUR , IDUKKI,.

      2     GOPALKRISHNAN NAIR K
            S/O KRISHNAN NAIR, 6/568,
            NALLOOR HOUSE, KATTAPPANA P O, VALIYAKANDOM,
            IDUKKI-685508.

      3     THOMAS ANTONY, S/O ANTONY,
            PARAKKADAVIL HOUSE,
            KALKOONTHAL, ERATTAYAR P O,
            IDUKKI DISTRICT.

            BY ADVS.
            SRI.G.HARIHARAN
            SRI.PRAVEEN.H.
            SMT.K.S.SMITHA
            SRI.V.R.SANJEEV KUMAR

RESPONDENT/S:

      1     M/S.IDUKKI DISTRICT CO-OPERATIVE BANK
            KATTAPPANA EVENING BRANCH, KATTAPPANA,
            IDUKKI DISTRICT.

      2     THE KERALA STATE CO-OPERATIVE BANK LTD
            DISTRICT OFFICE, IDUKKI,
            (ERSTWHILE IDUKKI DISTRICT CO-OPERATIVE BANK LTD),
            P.B.NO.2, IDUKKI COLONY P O, IDUKKI DISTRICT-685602.

      3     REGISTRAR OF CO-OPEATIVE SOCIETIES
            OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
            JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
            THYCAUD P O, KERALA-695014.

      4     STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, DEPARTMENT OF CO-OPERATION,
            SECRETARIAT, THIRUVANANTHAPURAM-695001.
 WP(C).No.2258 OF 2021(F)
                              2

      5     RESERVE BANK OF INDIA
            LISSIE JUNCTION, ERNAKULAM NORTH,
             ERNAKULAM-682018,
            REPRESENTED BY ITS AUTHORISED OFFICER

      6     UNION OF INDIA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, MINISTRY OF FINANCE AND BANKING
            AFFAIRS, SANSAD MARG, NEW DELHI-110001.

            BY ADV. SRI.GILBERT GEORGE CORREYA
            BY ADV. B.PRAMOD, CGC
            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2258 OF 2021(F)
                                   3


                             JUDGMENT

The learned counsel for the petitioners could not

remit the amount as ordered by this court. Accordingly, I

am not inclined to extend the interim order. However, I

am inclined to dispose of the Writ Petition, with a

direction that if a proper representation is filed within a

period of three weeks from today, before the first

respondent to permit repayment of the amount in easy

installments, the first respondent shall consider the

application in its true spirit and pass appropriate orders,

as expeditiously as possible, at any rate, within a period

of one month from the date of receipt of a copy of this

judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2258 OF 2021(F)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 15/10/2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER RELATING TO LOAN ACCOUNT NO.20819 DEMANDING A SUM OF RS. 2,33,736/-

EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 15/10/2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 2ND PETITIONER RELATING TO LOAN ACCOUNT NO. 20817 DEMANDING A SUM OF RS 1,93,744/-

EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 15/10/2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 3RD PETITIONER RELATING TO LOAN ACCOUNT NO. 20818 DEMANDING A SUM OF RS 1,93,744/-

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 16/01/2021 DEMANDING A SUM OF RS 1,79,219/- TOWARDS THE LOAN NO.20817 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 03.11.2020 ISSUED BY THE 2ND RESPONDENT BANK ADDRESSED TO THE 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO, RBI/2019-20/186 DATED 27/03/2020 ISSUED BY THE 5TH RESPONDENT AS A PART OF COVID-19 REGULATORY PACKAGE.

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO.RBI/2020-21/16 ON 06/08/2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RELIEF PACKAGE NOTIFICATION ISSUED BY THE RESERVE BANK OF INDIA ON 23.05.2020. WP(C).No.2258 OF 2021(F)

EXHIBIT P9 TRUE COPY OF CIRCULAR NO. 47/2020 DATED 28/05/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF CIRCULAR NO. 01/2021 DATED 01.01.2021 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT'S/S EXHIBITS NIL