Kerala High Court
Purushothama Prabhu vs Pattanakkad Service Co-Operative Bank ... on 6 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 43162 OF 2023
PETITIONER:
PURUSHOTHAMA PRABHU
AGED 78 YEARS
S/O. RAMA PRABHU, BABU PURAM, PATTANAKKAD, CHERTHALA
ALAPPUZHA., PIN - 688531
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
AYYAPPADAS V
RESPONDENTS:
1 PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD; NO.1144
PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA. REP. BY ITS
SECRETARY., PIN - 688531
2 THE SECRETARY
PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD; NO.1144,
PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA., PIN - 688531
3 THE ASSISTANT REGISTRAR (GENERAL)
OFFICE OF THE CO-OPERATIVE ASST. REGISTRAR (GENERAL),
CHERTHALA, ALAPPUZHA, PIN - 688524
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)
SRI T R HARIKUMAR, SC FOR PATTANAKKAD SERVICE
CO-OPERATIVE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).43162 of 2023 2
JUDGMENT
The petitioner states that he has fixed deposit covering about
Rs.4,40,000/- and a savings bank deposit of Rs.1,22,922/- with the 1st
respondent society, as is evident from Exts.P2 to P8. The petitioner contends
that he had earlier approached this Court by preferring W.P(C) No.341 of
2021, and by Ext.P1 judgment, the matter was disposed of, directing the
Bank to pay the amount in installments. He contends that the directions
issued by this Court have not been fully complied with. It is on these
assertions that this writ petition is filed seeking direction to the respondents
to forthwith release the balance amount under Exts.P2 to P7 and Ext. P8
savings bank deposit.
2. Sri. T.R Harikumar, the learned Standing Counsel appearing for
the 1st respondent, submits that the Bank is in a severe financial crisis. It is
submitted that the bank is not in a position to pay the amounts as prayed for.
3. I have considered the submissions advanced.
4. I find that the petitioner had earlier approached this Court, and
by Ext.P1 judgment, directions were issued to the Bank to pay the amount.
Apparently, those directions have not been fully complied with, though some
part payments have been made. I am of the view that the justifications
offered by the learned standing counsel for non-payment of the amounts
cannot be accepted.
Resultantly, this writ petition is ordered and the following directions are
issued.
a) The amounts of the petitioner lying with the Bank shall be repaid
together with lawful interest in five (5) equal installments
commencing from 15.3.2023 and payable on the 15th of every
successive month until the entire amounts are wiped off.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF WP(C) 43162/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 09.02.2023
IN W. P. (C) NO. 341/2021 PASSED BY THIS
HON'BLE COURT.
Exhibit P2 TRUE COPY OF THE F.D. RECEIPT NO.03103
DATED 05.06.2017 FOR A SUM OF RS. 90,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE F.D. RECEIPT NO. 03104
DATED 05.06.2017 FOR A SUM OF RS. 90,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE F.D. RECEIPT NO. 03105
DATED 05.06.2017 FOR A SUM OF RS. 90,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE F.D. RECEIPT NO. 03110
DATED 05.06.2017 FOR A SUM OF RS. 70,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE F.D. RECEIPT NO. 03611
DATED 09.10.2017 FOR A SUM OF RS. 50,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE F.D. RECEIPT NO. 03613
DATED 09.10.2017 FOR A SUM OF RS. 50,000/-
ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE SAVINGS BANK ACCOUNT
COVERING A TOTAL SUM OF RS.1,22,922/-.
Exhibit P9 TRUE COPY OF THE ANNUAL REPORTS OF THE 1ST
RESPONDENT SOCIETY FOR THE FINANCIAL YEAR
2022-2023.
