Vinukumar vs The Kerala Co-Operative Bank
2023 Latest Caselaw 9365 Ker

WP(C) No.28635/2023                        1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                  Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
                                  WP(C) NO. 28635 OF 2023
   PETITIONER:

          VINUKUMAR, AGED 45 YEARS, S/O.LATE CHANDRAN, AREEKKAL HOUSE,
          PULLAZHI DESOM, PULLAZHI VILLAGE, THRISSUR TALUK, PIN - 680012

   RESPONDENTS:

      1. THE KERALA CO-OPERATIVE BANK, AYYANTHOLE BRANCH, FORMERLY THE
         THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS
         AUTHORISED OFFICER, SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD,
         THIRUVAMBADY P.O., THRISSUR, PIN - 680022
      2. THE BRANCH MANAGER, KERALA CO-OPERATIVE BANK, FORMERLY THE THRISSUR
         DISTRICT CO-OPERATIVE BANK LTD., AYYANTHOLE BRANCH, THRISSUR, PIN -
         680003


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further recovery proceedings against the petitioner
   and his residential building and property, pursuant to Ext.P4 order before
   the Chief Judicial Mmagistrate Court, Thrissur, pending disposal of the
   writ petition


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.A.N.SATHISH KUMAR, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.28635/2023                   2/3




                                     C.S.DIAS,J.
                      --------------------------------
                             W.P.(C)No.28635 of 2023
                      ---------------------------------
                        Dated this the 25th day of August, 2023

                                     ORDER

Sri.P.C.Sasidharan takes notice for the respondents. He

submits that notwithstanding Ext.P1 judgment passed in

favour of the petitioner, the petitioner has not paid any

amount towards the overdue amount. As on today, the

overdue amount is Rs.27,81,775/-.

2. The learned counsel appearing for the petitioner

submits that the petitioner is ready to show his bonafides by

depositing the entire overdue amount as directed by this

Court.

3. In the light of the above submission, the respondents

are directed to defer further recovery proceedings pursuant

to Ext.P4 order subject to the condition that the petitioner

deposits an amount of Rs.5/- lakh with the first respondent -

Bank on or before 7.9.2023.

Post on 8.9.2023. sd/-

         jes                                          C.S.DIAS
                                                       JUDGE
 WP(C) No.28635/2023                 3/3

                       APPENDIX OF WP(C) 28635/2023
Exhibit P4            A TRUE COPY OF THE ORDER IN CRL.M.P.NO.4636/2021

PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR DATED 23.11.2021