Kerala High Court

Mini Shaji vs Dhanlaxmi Bank on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15678 OF 2024
PETITIONERS:

          KAIRALI T K,
          AGED 60 YEARS
          W/O PRASAD, RESIDING AT KOTTAPPURAM (KOTTAPURATH,
          MARIYATHURUTH, KUDAMALOOR PO, KOTTAYAM, PIN -686017
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA, KOTTAYAM DISTRICT, PIN -686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR(RR),
          PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI.P.VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  2

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15704 OF 2024
PETITIONER:

          BAIJU P.K.,
          AGED 53 YEARS
          S/O KUNJUMON, RESIDING AT PUTHUVELIYIL, KUMARAKOM PO,
          KOTTAYAM DISTRICT, PIN - 686019
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA,KOTTAYAM DISTRICT, PIN - 686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY
          TAHSILDAR(RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS
          STATION, KOTTAYAM DISTRICT, PIN - 686001


          SRI. P.VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15678/2024, 15734/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  3

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15734 OF 2024
PETITIONER:

          MINI SHAJI,
          AGED 48 YEARS
          D/O SHAJI, RESIDING AT KIZHAKKEPARANJALIL, NEERICADU
          PO,AYARKUNNAM, KOTTAYAM DISTRICT, PIN - 686564
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA, KOTTAYAM DISTRICT, PIN -686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
          (RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI.P.VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  4



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15743 OF 2024
PETITIONER:

          VILASINI VIJAYAN,
          AGED 58 YEARS
          W/O VIJAYAN, RESIDING AT CHIRAYIL, AYMANAM PO,
          KOTTYAM, PIN - 686015
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY
          JUNCTION,THIRUNAKKARA,KOTTAYAM DISTRICT, PIN - 686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
          (RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI.P.VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  5



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15745 OF 2024
PETITIONER:

          LALI,
          AGED 56 YEARS
          D/O ASHOKAN, RESIDING AT THAIPARAMPIL, AYMANAM PO,
          KOTTAYAM, PIN - 686015
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
          (RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI. P. VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  6



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15748 OF 2024
PETITIONER:

          SREENIMOL,
          AGED 45 YEARS
          W/O SURESH, RESIDING AT SREENILAYAM, ATHIRAMPUZHA PO,
          KOTTAYAM, PIN - 686562
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAM TALUK, OFFICE OF THE DEPUTY TAHSILDAR
          (RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI.NAGARAJ NARAYANAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                  7



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 15772 OF 2024
PETITIONER:

          KUMARI C.T.,
          AGED 60 YEARS
          D/O THANKAPPAN, RESIDING AT CHITTUKIZHAKKATHIL,
          SREEKANDAMANGALAM PO, ATHIRAMPUZHA, KOTTAYAM,
          PIN - 686563
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     DHANLAXMI BANK,
          REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
          BHAGYALAKSHMI ARCADE, CHILDREN LIBRARY JUNCTION,
          THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686001
    2     DEPUTY TAHSILDAR (RR),
          KOTTAYAMTALUK, OFFICE OF THE DEPUTY TAHSILDAR
          (RR),PWD OFFICE COMPLEX, NEAR KSRTC BUS STATION,
          KOTTAYAM DISTRICT, PIN - 686001


          SRI.P.VIJAYARAGHAVAN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, ALONG WITH WP(C)15704/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15678/2024 & Con.Cases
                                     8

                    JUDGMENT

[WP(C) Nos.15678/2024, 15704/2024, 15734/2024, 15743/2024, 15745/2024, 15748/2024, 15772/2024]

The petitioners singularly seek a direction to respondents 1 and 2

to consider Ext.P2 representation, thus permitting them to pay off the

entire outstanding in the loan account availed of from them in 30 equal

monthly installments. They also seek that the 1 st respondent be

directed to provide them Account Statements, so as to enable them to

do as afore.

2. However, in response to the afore submissions of

Sri.P.T.Sheejish - learned counsel for the petitioners,

Sri.Vijayaraghavan - learned Standing Counsel for the respondent

Bank (appearing for some other matters); and Sri.Nagaraj Narayanan,

who appeared for the others, submitted that the representations made

by the petitioners are not liable to be considered because the terms of

the loans have long expired; and that the best which can be offered to

the petitioners is that they be permitted to pay off the entire liability in

lumpsum, under a proper settlement to be offered by them. They added

that, for this, petitioners will have to make a proper application,

offering the upfront payment and indicating the manner in which the WP(C) NO. 15678/2024 & Con.Cases

balance will be liquidated; which will then be considered by the

competent Authority of the Bank, subject to applicable terms. They,

however, explained that there is no 'One Time Settlement' scheme as of

now.

3. I have no doubt that the afore stand of the respondent Bank

is the most apposite in the circumstances presented because, this

Court cannot direct them to allow borrowers to settle loan accounts in

installments, unless it is conceded; and hence, the only other option for

the petitioners is to seek a 'One Time Settlement', as per the terms to

be fixed by the Bank. For this, they will have to make a proper offer,

indicating the amount that they will be able to pay upfront and the

manner in which the balance will be honoured.

In the afore circumstances,

(a) I allow these Writ Petitions to the limited extent of leaving

liberty to the petitioners in these matters to file an appropriate

application before the Bank, seeking settlement of their respective loan

accounts; and if this is done within a period of one month from the date

of receipt of a copy of this judgment, the same shall be considered by

its competent Authority, stipulating the terms under which it can be

accepted - if it is so acceptable; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is possible WP(C) NO. 15678/2024 & Con.Cases

thereafter.

(b) Needless to say, I have not entered into any of the rival

contentions of the parties, including as to whether the petitioners or

any of them are entitled to One Time Settlement or otherwise, and

these matters are left open to the Bank to decide appropriately on a

case-by-case basis, after hearing the parties.

done and the resultant orders communicated to the petitioners - in the

event they invoke the remedy reserved to them in (a) above, all further

coercive recovery action against them will stand deferred; but which

can be taken forward based on such a decision, without having to

obtain any further orders from this Court thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/16.4 WP(C) NO. 15678/2024 & Con.Cases

APPENDIX OF WP(C) 15678/2024

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MINUTES OF MEETING DATED 12.03.2024 OF 'S N MICRO FINANCE ACTION FORUM' Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 SUBMITTED BY THE CHAIRMAN OF THE 'SN MICRO FINANCE ACTION FORUM' MR.

ANEESHKUMAR BEFORE THE RESPONDENTS 1 AND 2 WP(C) NO. 15678/2024 & Con.Cases

APPENDIX OF WP(C) 15704/2024