Sukumaran Namboothiri vs Thrissur Service Co-Operative ...
2023 Latest Caselaw 10750 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                 &
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                        WA NO. 1577 OF 2023
   AGAINST THE ORDER/JUDGMENT WP(C) 31832/2022 OF HIGH COURT OF
                              KERALA
APPELLANT/PETITIONER:

          SUKUMARAN NAMBOOTHIRI
          AGED 70 YEARS
          GOVIND APARTMENTS, FLAT NO.36 A, THIRUVAMBADY P.O,
          THRISSUR, PIN - 680022
          BY ADVS.
          SUBRAM N.S.
          ABRAHAM MATHAN
RESPONDENTS/RESPONDENTS:

    1     THRISSUR SERVICE CO-OPERATIVE BANK LTD NO.1097
          HEAD OFFICE, PATTURAIKAL, THIRUVAMBADY P.O, THRISSUR,
          PIN - 680022, REPRESENTED BY ITS SECRETARY
    2     SPECIAL SALE OFFICER
          THRISSUR SCB GROUP, THRISSUR SCB GROUP,
          O/O THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE
          SOCIETIES, AYYANTHOLE P.O, THRISSUR, PIN - 680003
          BY ADVS.
          A.D.RAVINDRA PRASAD
          ALEX VARGHESE(K/000320/1987)
          A.D.CHANDRA BOSE(MAH/685-B/1988)
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO.1577 OF 2023

                                      2




                               JUDGMENT

Dated this the 19th day of October, 2023

Anu Sivaraman, J.

This writ appeal is preferred against the judgment of the learned

Single Judge dismissing the writ petition filed seeking directions with

regard to repayment of amounts due to the 1st respondent-bank. The

learned counsel for the appellant submits that though this Court had

directed the payment of an amount of Rs.5 Lakhs within two weeks on

03.10.2023, the said amount could not be paid by the appellant. The

learned counsel for the appellant seeks further time to attempt to make

such a payment.

2. We notice that it was the specific case of the respondent-bank

before the learned Single Judge that the petitioner is unable to make

the payments even as ordered by this Court and that he is not in a

position to make any payment as promised by him. It was considering

the said fact also that the request made by the appellant for a chance to

pay off the amount in installments was rejected by the learned Single WA NO.1577 OF 2023

Judge. It was on the earnest plea made by the learned counsel for the

appellant that the amount as directed would be paid towards the

outstanding amount of Rs.60,75,913/- that we had entertained the

appeal and directed the payment of Rs.5 Lakhs within two weeks. In

view of the fact that the appellant has been unable to make the said

payment, the contention of the respondent-bank that there is no chance

of any amicable settlement of the matter or any installment facility

being extended to the petitioner appears to be correct.

In the above view of the matter, we find no merit in this appeal.

The appeal thus fails and the same is, accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. JAYACHANDRAN

JUDGE NP WA NO.1577 OF 2023

APPENDIX OF WA 1577/2023

PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF CHALLAN NO.948140 DATED 01.09.2023 ISSUED BY THE RESPONDENT BANK RESPONDENTS' ANNEXURES: NIL