Mathew M.J vs The Authorised Officer
2023 Latest Caselaw 745 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 324 OF 2022
PETITIONER:

          MATHEW M.J.,
          AGED 64 YEARS,
          S/O MATHAI JOSEPH, RESIDING AT MUNDYANIKKAL HOUSE,
          PALLIKKARA, NEELESHWAR, NEELESHWAR P.O.,
          KASARAGOD DISTRICT.

          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          SHAHID AZEEZ
          RENJISH S. MENON



RESPONDENTS:

    1     THE AUTHORISED OFFICER,
          UNION BANK OF INDIA, NEELESHWAR BRANCH,
          KASARAGOD DISTRICT-671314.

    2     THE MANAGER,
          UNION BANK OF INDIA, NEELESHWAR BRANCH,
          NEELESHWAR P.O., KASARAGOD DISTRICT,
          PIN - 671 314.

          ADV. A S P KURUP (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 324 OF 2022

                                  2


                            JUDGMENT

The writ petition has been filed essentially for a direction to

the respondent Bank to permit the petitioner to pay the amount

covered by Ext.P4 award of the Lok Adalat by paying the amount

mentioned in Ext.P4 along with the interest mentioned therein for

delayed payment.

2. When this matter is taken up for consideration, it is the

submission of the learned counsel appearing for the respondent

Bank that despite the passage of nearly two years after Ext.P4

award, the petitioner has not approached the Bank for payment

of the amount and if the petitioner approaches the Bank for

payment of the amount along with the interest specified in

Ext.P4, the same will be accepted by the respondent Bank.

3. Having regard to the aforesaid submission, it is

directed that if the petitioner approaches the Bank to pay the

amount specified in Ext.P4 together with interest payable by the

petitioner as per the terms of Ext.P4, the same shall be accepted

by the respondent Bank provided the amount is tendered within

ten days from today.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 324 OF 2022

APPENDIX OF WP(C) 324/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 21/9/2019 IN S.A.NO.217/2017 ON THE FILES OF THE LEARNED DEBTS RECOVERY TRIBUNAL-I, ERNAKULAM IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1

Exhibit P2 THE TRUE COPY OF THE PRE-LITIGATION PETITION NO.1825/2019 DATED 23/9/2019 FILED BY THE SECOND RESPONDENT HEREIN BEFORE THE TALUK LEGAL SERVICE COMMITTEE; KANHANGAD IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2

Exhibit P3 THE TRUE COPY OF THE AWARD DATED 12/10/2019 IN PLP NO.1825/2019 ON THE FILES OF THE TALUK LEGAL SERVICE COMMITTEE, HOSDURG IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3

Exhibit P4 THE TRUE COPY OF THE AWARD DATED 12/10/2019 IN PLP NO.1826/2019 ON THE FILES OF THE TALUK LEGAL SERVICE COMMITTEE; HOSDURG IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4.

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 30/12/2019 ISSUED BY THE SECOND RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P5

Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 11/2/2020 IN W.P.(C)NO.1376/2020 ON THE FILES OF THIS HONOURABLE COURT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P6