Bindu Sreekumar vs Koruthodu Service Co-Operative Bank ...
2024 Latest Caselaw 15839 Ker

Kerala High Court

Bindu Sreekumar vs Koruthodu Service Co-Operative 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. 18653 OF 2024
PETITIONER:

          BINDU SREEKUMAR
          AGED 47 YEARS
          W/O. SREEKUMAR, RESIDING AT NARYANA VILASAM HOUSE,
          KORUTHODE P.O., KANJIRAPALLY, KOTTAYAM, PIN - 686513
          BY ADVS.
          M.S.AMAL DHARSAN
          NOEL JACOB


RESPONDENTS:

    1     KORUTHODU SERVICE CO-OPERATIVE BANK LTD
          K 365, KORUTHODE P.O., KANJIRAPALLY, KOTTAYAM,
          REPRESENTED BY ITS SECRETARY, PIN - 686513
    2     THE BRANCH MANAGER
          KORUTHODU SERVICE CO-OPERATIVE BANK LTD., K 365,
          KORUTHODE P.O., KANJIRAPALLY, KOTTAYAM, PIN - 686513
    3     THE SPECIAL SALE OFFICER
          KORUTHODU SERVICE CO-OPERATIVE BANK LTD., K 365,
          KORUTHODE P.O., KANJIRAPALLY, KOTTAYAM, PIN - 686513
          SMT.MABLE C.KURIAN - SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18653 OF 2024            2

                            JUDGMENT

The limited plea of the petitioner is that the respondent - Bank

be directed to allow her to pay off the total outstanding amount in the

loan account in 20 equal monthly installments so as to have it

regularised. She submitted that she is constrained to make this

request because of the financial constraints she 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 respondents by e.mail

and in fact, when this matter was considered by this Court on

31.05.2024, I requested the learned Senior Government Pleader to

make arrangements, through the Liaison Officer, to inform the

respondent - Bank appropriately. Today, it is confirmed by the

learned Senior Government Pleader - Smt.Mable C.Kurian that this

has been done.

3. It is rather distressing that the 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 she 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 her 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 24.05.2024 will continue to be in operation.

I, however, clarify that I have not entered into the merits of any

of the claims of the petitioner and that they are left to be decided by

the respondent - Bank appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/6.6

APPENDIX OF WP(C) 18653/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 24/05/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE RECEIPTS EVIDENCING PAYMENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE DATED 09/11/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER