Jose Antony vs Kuriachira Service Co-Operative ...
2023 Latest Caselaw 1209 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 35634 OF 2022
PETITIONER

             JOSE ANTONY
             AGED 67 YEARS
             KATTOOKKARAN HOUSE,
             AVENUE ROAD, THRISSUR-680 005.

             BY ADVS.
             P.N.MOHANAN
             C.P.SABARI
             AMRUTHA SURESH
             GILROY ROZARIO
RESPONDENTS:

    1        KURIACHIRA SERVICE CO-OPERATIVE BANK LTD. NO.637,
             REPRESENTED BY SECRETARY,
             KURIACHIRA P.O., THRISSUR-686 006.

    2        THE MANAGING COMMITTEE OF KURIACHIRA
             SERVICE CO-OPERATIVE BANK LTD.NO.637,
             REPRESENTED BY ITS PRESIDENT,
             KURIACHIRA P.O., THRISSUR-686 006.

             BY ADV RANJITH XAVIER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35634 OF 2022
                                        2




                              T.R.RAVI, J.
                       ----------------------------------------
                         WP (C) No.35634 of 2022
                      -------------------------------------------
                Dated this the 18th day of January, 2023

                              JUDGMENT

The petitioner has filed this writ petition praying for a

direction to the respondents to settle the loan account on the

basis of simple interest. A counter affidavit has been filed by

the respondents pointing out that the loan availed of by the

petitioner was an overdraft facility and the relief cannot be

granted for such accounts. It is further submitted that the Bank

had preferred an arbitration and there is already an award

against the petitioner for a sum of Rs.53,24,180/-. It is further

submitted that pending the writ petition, a sum of

Rs.24,89,625/- has been deposited by the petitioner and the

balance amount is still due.

2. In such circumstances, the relief prayed for cannot be

granted to the petitioner. The writ petition is hence dismissed.

The dismissal of the writ petition will not in anyway prejudice WP(C) NO. 35634 OF 2022

the petitioner moving the respondents for necessary reliefs

with respect to the amounts due and if any such application is

filed by the petitioner within three weeks from today, the 1 st

respondent may consider the same.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 35634 OF 2022

APPENDIX OF WP(C) 35634/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 31.8.2021 OF THE FIRST RESPONDENT.

RESPONDENT'S EXHIBITS

EXHIBIT R1(A) TRUE COPY OF LOAN APPLICATION SUBMITTED BY MR. ANTONY JOSE

EXHIBIT R1(B) TRUE COPY OF AWARD DATED 26.08.2021 IN ARC 1515/2021

EXHIBIT R1(C) TRUE COPY OF EP NO.3164/2022 BEFORE THE COOPERATIVE JOINT REGISTRAR

EXHIBIT R1(D) TRUE COPY OF FIRST RESPONDENT BANK'S SUB RULES APPLICABLE FOR LENDINGS FOR BUSINESS NEEDS

EXHIBIT R1(E) TRUE COPY OF LETTER NO.M.U.1703/15 K.DIS DATED 27.03.2015 GRANTING APPROVAL TO SUB RULES

//TRUE COPY// PA TO JUDGE