Shemeena Aslam vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 11433 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
                        WP(C) NO. 39131 OF 2022
PETITIONER/S:

          SAFIYA RAHMATHULLA MAULAVI
          AGED 50 YEARS
          W/O.K.F.RAHMATHULLA,
          KALLUVETTIKKUZHI HOUSE,
          PEZHAKKAPPILLY P.O.,
          MULAVOOR VILLAGE, MUVATUPPUZHA TALUK,
          ERNAKULAM DISTRICT., PIN - 686673
          BY ADVS.
          C.HARINDRAMOHAN NAIR
          SEBASTIAN JOSEPH (KURISUMMOOTTIL)


RESPONDENT/S:

          KERALA STATE CO-OPERATIVE BANK LTD.,
          (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK),
          ERNAKULAM DISTRICT OFFICE, KAKKANAD P.O., KOCHI,
          REPRESENTED BY IT'S CHIEF MANAGER., PIN - 682030



          ADV. N RAGHURAJ (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2022, ALONG WITH WP(C).39134/2022, 39169/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.39131, 39134 & 39169 of 2022       2




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
                          WP(C) NO. 39134 OF 2022
PETITIONER/S:

             SHEMEENA ASLAM
             AGED 40 YEARS
             W/O.MUHAMMED ASLAM,
             KALLUVETTIKKUZHI HOUSE, PEZHAKKAPPILLY KARA,
             PEZHAKKAPPILLY P.O., MULAVOOR P.O.,
             MULAVOOR VILLAGE, MUVATUPPUZHA TALUK,
             ERNAKULAM DISTRICT,, PIN - 686673
             BY ADVS.
             C.HARINDRAMOHAN NAIR
             SEBASTIAN JOSEPH (KURISUMMOOTTIL)


RESPONDENT/S:

             KERALA STATE CO-OPERATIVE BANK LTD.
             (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK),
             ERNAKULAM DISTRICT OFFICE, KAKKANAD P.O., KOCHI,
             REPRESENTED BY IT'S CHIEF MANAGER., PIN - 682030
             BY ADV N.RAGHURAJ


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2022, ALONG WITH WP(C).39131/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.39131, 39134 & 39169 of 2022       3




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
                          WP(C) NO. 39169 OF 2022
PETITIONER/S:

             MUHAMMED ASLAM MAULAVI
             AGED 50 YEARS
             S/O.FARIDUDHEEN MAULAVI,
             KALLUVETTIKKUZHI HOUSE,
             PEZHAKKAPPILLY P.O.,
             MULAVOOR VILLAGE, MUVATUPPUZHA TALUK,
             ERNAKULAM DISTRICT., PIN - 686673
             BY ADVS.
             C.HARINDRAMOHAN NAIR
             SEBASTIAN JOSEPH (KURISUMMOOTTIL)


RESPONDENT/S:

             KERALA STATE CO-OPERATIVE BANK LTD.
             (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK),
             ERNAKULAM DISTRICT OFFICE, KAKKANAD P.O., KOCHI,
             REPRESENTED BY IT'S CHIEF MANAGER., PIN - 682030
             BY ADV N.RAGHURAJ


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.12.2022, ALONG WITH WP(C).39131/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos.39131, 39134 & 39169 of 2022          4




                                   JUDGMENT

[WP(C) Nos.39131/2022, 39134/2022, 39169/2022]

When these matters are taken up for consideration

today, learned counsel appearing for the petitioners in these

cases would submit that the petitioners have already

approached the bank for settlement and that a settlement

has almost been arrived at. He prays that the petitioners

may be permitted to withdraw these writ petitions with

liberty to approach the bank.

2. Learned counsel appearing for the respondent

bank would submit that no settlement has been arrived at

and considering the earlier litigation conducted at the

instance of the husband of the petitioner in W.P.(C.)

No.39131 of 2022, these writ petitions are clearly not

maintainable.

3. Having heard the learned counsel appearing for the

petitioners in these cases and the learned counsel appearing

for the respondent bank, I see no reason as to why the

request of the petitioners to withdraw these writ petitions

with liberty to approach the bank for settlement should not

be allowed.

WP(C) Nos.39131, 39134 & 39169 of 2022 5

Accordingly, these writ petitions are permitted to be

withdrawn. I make it clear that it will be open to the

petitioners to approach the bank for settlement.

sd/-

GOPINATH P.

JUDGE WP(C) Nos.39131, 39134 & 39169 of 2022 6

APPENDIX OF WP(C) 39134/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 20/5/2022 IN M.C.NO.365/22 PASSED BY SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (M.P.S AND M.L.A.S) ERNAKULAM Exhibit-P2 TRUE COPY OF THE NOTICE DATED 24.11.2022 ISSUED BY ADVOCATE COMMISSIONER, SEREENA P.A. WP(C) Nos.39131, 39134 & 39169 of 2022 7

APPENDIX OF WP(C) 39169/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 19/5/2022 IN M.C.NO.409/22 PASSED BY SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (M.P.S AND M.L.A.S) ERNAKULAM Exhibit-P2 TRUE COPY OF THE ORDER DATED 30/5/2022 IN M.C.NO.362/22 PASSED BY SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (M.P.S AND M.L.A.S) ERNAKULAM Exhibit-P3 TRUE COPY OF THE NOTICE DATED 24/11/2022, ISSUED BY ADVOCATE COMMISSIONER, BALAMURALI KRISHNA Exhibit-P4 TRUE COPY OF THE NOTICE DATED 25/11/2022, ISSUED BY ADVOCATE COMMISSIONER, TOBIAS TOGI MATHEW WP(C) Nos.39131, 39134 & 39169 of 2022 8

APPENDIX OF WP(C) 39131/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 3/6/2022 IN M.C.NO.411/22 PASSED BY SPECIAL ADDITIONAL CHIEF JUDICIAL MAGISTRATE (M.P.S AND M.L.A.S) ERNAKULAM Exhibit-P2 TRUE COPY OF THE NOTICE DATED 25.11.2022 ISSUED BY ADVOCATE COMMISSIONER, ANU VARGHESE