Kerala High Court
Bineesh.C vs The Kolari Service Co-Operative Bank ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12284 OF 2024
PETITIONER:
BINEESH.C, AGED 46 YEARS
S/O. KUNHIKANNAN, BINEESH MANDIRAM, MARUTHAYI. P.O,
MATTANNUR, KANNUR DISTRICT,, PIN - 670702
BY ADVS.
CIBI THOMAS
ANSIA K.A.
AISHWARYA SHIVAKUMAR
RESPONDENTS:
1 THE KOLARI SERVICE CO-OPERATIVE BANK LTD.,
NO. C- 19, PALOTTUPALLI, REPRESENTED BY ITS SECRETARY,
PALOTTUPALLI.P.O, MATTANNUR, KANNUR DISTRICT - 670702
2 THE SPECIAL SALE OFFICER,
ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES IRITTY,
PUNNAD. P.O, KANNUR DISTRICT, PIN - 670703
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE JOINT REGISTRAR OF CO- OPERATIVE
SOCIETIES (GENERAL) KANNUR , THAVAKKARA, KANNUR
DISTRICT, PIN - 670002
SMT.C.S.SHEEJA - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12284 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that the respondent -
Bank be directed to allow him to pay off the overdue amount in
the loan account in 20 equal monthly installments so as to have it
regularised. He submitted that he is constrained to make this
request because of the financial constraints he is facing and
hence being unable to make payment in lump sum.
2. The endorsements on the files of this case indicate that
the petitioner has already taken out notice to the first respondent
by Email and in fact, when this matter was considered by this
Court on 03.04.2024, I requested the learned Government
Pleader to make arrangements, through the Liaison Officer, to
inform the respondent - Bank appropriately. Today, it is
confirmed by the learned Government Pleader - Smt.C.S.Sheeja
that this has been done.
3. It is rather distressing that the first respondent has still
refused to appear before this Court. However, this cannot be a
reason for this Court to refrain from passing appropriate orders.
4. In the afore circumstances, I allow this writ petition,
leaving liberty to the petitioner to approach the Bank with an
appropriate representation seeking any relief/claim that he may
make; and if this is done within a period of two weeks from the
WP(C) NO. 12284 OF 2024
date of receipt of a copy of this judgment, the same shall be
considered by the competent Authority of the said Bank, after
affording him an opportunity of being heard, thus culminating in
an appropriate order and necessary action thereon without any
avoidable delay thereafter.
5. Needless to say, until such time as the afore is done and
the resultant order communicated to the petitioner, the interim
order granted by this Court on 26.03.2024 will continue to be in
operation.
I, however, clarify that I have not entered into the merits of
the claims of the petitioner and that they are left to be decided by
the respondent - Bank appropriately.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 12284 OF 2024
APPENDIX OF WP(C) 12284/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATE 04.03.2024
ISSUED BY 2ND RESPONDENT
