Ahammad Basheer vs Mantharathur Co-Operative Rural Bank ...
2024 Latest Caselaw 15672 Ker

Kerala High Court

Ahammad Basheer vs Mantharathur Co-Operative Rural Bank ... on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                      WP(C) NO. 15688 OF 2024


PETITIONER:

          AHAMMAD BASHEER, AGED 48 YEARS
          SANTHI BHAVAN HOUSE, IRINGATH
          POST PAYYOLI VIA, PIN - 673523

          BY ADVS.
          K.REEHA KHADER
          ANJITHA SUDHAKARAN


RESPONDENT:

          MANTHARATHUR CO-OPERATIVE RURAL BANK LTD,
          REP BY ITS MANAGER, NO.F 1226, BANK ROAD,
          PATHIYARAKKARA P.O, VADAKARA, PIN - 673105


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 15688/24
                                     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 respondent-Bank

by Email and in fact, when this matter was considered by this

Court on 30.05.2024, I requested the learned Government Pleader

to make arrangements, through the Liaison Officer, to inform the

respondent - Bank appropriately.

3. Today, it is confirmed by the learned Government

Pleader that this has been done.

4. It is rather distressing that the respondent-Bank has still

refused to appear before this Court. However, this cannot be a

reason for this Court to refrain from passing appropriate orders.

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 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.

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 12.04.2024 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/-

RR                                       DEVAN RAMACHANDRAN
                                                JUDGE



                APPENDIX OF WP(C) 15688/2024

PETITIONER EXHIBITS
Exhibit P1          A   TRUE   COPY   OF   THE   NOTICE   DATED
                    06.03.2024