Kerala High Court
Saithalavi T.T vs The Areekode 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. 18874 OF 2024
PETITIONER:
SAITHALAVI T.T.
AGED 60 YEARS
S/O. HASSAN MOLLA, THEKKETHODIKA HOUSE, MOLAYIL,
ELIYAPARAMABU, KAVANOOR AMSOM DESOM, ERNAD TALUK,
MALAPPURAM DISTRICT, PIN - 673639
BY ADV K.RAKESH
RESPONDENT:
THE AREEKODE SERVICE CO-OPERATIVE BANK LTD.
AREEKODE P.O., MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 673639
SMT.SHEEJA C.S. - 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. 18874 OF 2024 2
JUDGMENT
The limited plea of the petitioner is that the respondent - Bank be
directed to allow him to pay off the total outstanding amount in the
loan account in 10 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 by e.mail and
in fact, when this matter was considered by this Court on 31.05.2024, I
requested the learned 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.C.S.Sheeja that this has been done.
3. It is rather distressing that the respondent 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 27.05.2024 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) 18874/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 1-1-2020 OF
THE MUNSIFF COURT, MANJERI IN
E.P.NO.87/2017 IN ARC NO.3465/2014
Exhibit P2 A TRUE COPY OF I.A.NO.6/2022 FILED BY THE
PETITIONER IN E.P.NO.28/2021 BEFORE THE
MUNSIFF COURT, MANJERI DATED, 3-8-2022
Exhibit P3 A TRUE COPY OF THE ORDER DATED 4-3-2024 OF
THE MUNSIFF COURT, MANJERI IN I.A.NO.6/2022
