Shajiu C.G vs Irinjalakuda Town Co-Operative Bank ...
2024 Latest Caselaw 9609 Ker

Kerala High Court

Shajiu C.G vs Irinjalakuda Town Co-Operative Bank ... on 4 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                WP(C) NO. 11302 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.404 OF 2023 OF
CHIEF JUDICIAL MAGISTRATE, THRISSUR
PETITIONERS:

    1    SHAJIU C.G.,
         AGED 47 YEARS,
         S/O. GEORGE,
         CHIRIYANKANDATH HOUSE,
         PULLUR P.O.,
         THRISSUR, PIN - 680683
    2    GEORGE C.L.,
         AGED 76 YEARS,
         S/O. LONAPPAN,
         CHIRIYANKANDATH HOUSE,
         PULLUR P.O.,
         THRISSUR, PIN - 680683

         BY ADVS.
         S.ABHILASH VISHNU
         K.R.MONISHA


RESPONDENTS:

    1    IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.,
         NO. 55, HEAD OFFICE,
         TANA SOUTH,
         IRINJALAKUDA,
         REPRESENTED BY ITS MANAGER,
         PIN - 680121
    2    THE BRANCH MANAGER,
         IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.,
         NO. 55, HEAD OFFICE, TANA SOUTH,
         IRINJALAKUDA,
         PIN - 680121
 W.P.(C) No.11302/2024
                            :2:


    3     THE AUTHORIZED OFFICER,
          IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD.,
          NO. 55, HEAD OFFICE,
          TANA SOUTH,
          IRINJALAKUDA, PIN - 680121

          BY ADVS.
          DEVAPRASANTH P.J
          SMINI JOSE(K/262/2015)

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.11302/2024
                                :3:




                          JUDGMENT

Dated this the 4th day of April, 2024

The petitioners, who have availed a financial

advance from the 1st respondent-Bank, have filed this writ

petition seeking to direct the respondents to allow the

petitioners to repay the dues in 25 equatted monthly

instalments.

2. When this writ petition came up for hearing on

19.03.2024, this Court directed the respondents to stay

further proceedings pursuant to Ext.P1 for a period of one

month on condition that the petitioners remit an amount of

₹5.5 lakhs on or before 27.03.2024. The counsel on either

side submit that the petitioners have not paid the amount as

directed above.

3. The petitioners have approached this Court

seeking facility to repay the amount in instalments. The

petitioners could not make a part payment as directed by

this Court. In the circumstances, the petitioners are not

entitled to any further relief.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 11302/2024

PETITIONER'S EXHIBITS:

Exhibit - P1 TRUE COPY OF MC NO. 404/2023 FILED BY THE RESPONDENTS BEFORE THE CJM COURT, THRISSUR, DATED 02.06.2023 Exhibit - P2 TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 16.06.2023 IN M.C. NO. 404/2023 Exhibit - P3 TRUE COPY OF THE S.A. NO.400/2023 FILED BY THE 2ND PETITIONER BEFORE DRT-II, ERNAKULAM, DATED 17.07.2023