Kerala High Court
The Federal Bank Limited vs N.K.Anitha on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 24th day of March 2022 / 3rd Chaithra, 1944
WA NO. 391 OF 2022
AGAINST JUDGMEN DATED 11.03.2022 IN WP(C) 5078/2022 OF THIS COURT
--
APPELLANTS/RESPONDENTS 1 & 2 IN THE W.P.(C):
1. THE FEDERAL BANK LIMITED, QUILANDY BRANCH, REPRESENTED BY ITS BRANCH
MANAGER, PANTHALAYANI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE
DISTRICT 673 632.
2. THE ZONAL MANAGER, FEDERAL BANK LIMITED, ZONAL OFFICE, ARAYIDATH
PALAM, KOZHIKODE 673 004.
BY ADVS.M/S. MOHAN JACOB GEORGE, PARVATHY P.V.,
REENA THOMAS, NIGI GEORGE
RESPONDENT/PETITIONER IN THE W.P.(C):
N.K.ANITHA, AGED 50 YEARS, W/O. RAJAN, NANAMKANDI PARAMBIL HOUSE,
KARAYAAAATHANKAVU P.O, VIA BALUSSERY, KOZHIKODE 673 632.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order of stay of operation and implementation of the Judgment
dated 11.03.2022 in W.P.(C) No.5078/2022 of the Hon'ble Single Judge
pending disposal of this Writ Appeal.
This Writ Appeal coming on for orders on 24.03.2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXT.P3:TRUE COPY OF THE REPRESENTATION DATED 10/02/2022 SUBMITTED
BEFORE THE RESPONDENT BANK.
EXT.R1(J):COPY OF THE LETTER DATED 14.02.2022 OF THE BANK REJECTING
EXT.P3 SUBMITTED BY THE PETITIONER
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
======================================
W. A. 391 of 2022
======================================
Dated this the 24th day of March, 2022
ORDER
S. Manikumar, C. J.
Being aggrieved by the judgment in W. P. (C) No. 5078 of 2022
dated 11.03.2022, directing the Zonal Manager, Federal Bank Ltd.,
Kozhikode, the 2nd appellant, to consider Ext.P3 representation
submitted by the writ petitioner, and to arrive at an amicable settlement
in the matter resorting to conciliation or mutual negotiation, instant
writ appeal is filed on various grounds inter alia maintainability of the
writ petition, forum shopping and suppression of facts.
2. That apart, attention of this Court was also invited to the
counter affidavit dated 18.02.2022 filed by the Bank, wherein specific
averments have been made to the effect that Ext. P3 representation of
the writ petitioner has already been rejected by the Bank on
14.02.2022. Before the writ court, copy of the order of rejection Ext.
R1(j), has also been filed.
3. For brevity, paragraph No. 7 of the counter affidavit dated
W. A. No. 391 of 2022
18.02.2022 filed by the Bank is reproduced:-
"7. The Petitioner has suppressed all the above facts
before this Hon'ble Court. It is also submitted that an
amount of Rs.28,04,114/- (Rupees Twenty Eight Lakhs Four
Thousand Hundred and Fourteen Only) is due under the
aforesaid decree from the Petitioner excluding the cost of
stamp paper, registration charge, expenses etc involved. Ext.
P-3 was rejected by the Respondent on 14.02.2022. Copy of
the letter dated 14.02.2022 rejecting Ext.P-3 submitted by
the Petitioner is produced as Ext.R1(j)."
4. According to Mr. Mohan Jacob George, learned counsel for
the Bank, despite the objections with reference to maintainability and
other issues, writ court ordered to consider Ext. P3 representation,
which has already been rejected on 14.02.2022 itself.
5. Issue notice to the respondent by speed post, returnable in 10
days.
Bank is directed to maintain status quo.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
24-03-2022 /True Copy/ Assistant Registrar
