Shylaja vs The Catholic Syrian Bank
2024 Latest Caselaw 13845 Ker

Kerala High Court

Shylaja vs The Catholic Syrian Bank on 28 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                        WP(C) NO. 7696 OF 2024
PETITIONER:

            SHYLAJA
            AGED 57 YEARS
            D/O. OMANA S.S. BHAVANAM, KADUVINAL P.O,
            KADUVINAL MURI, VALLIKKUNNAM VILLAGE,
            ALAPPUZHA DISTRICT,PIN - 690 501

            BY ADVS.
            B.RENJITHKUMAR
            CLARA SHERIN FRANCIS
            SANGEERTHANA M.
RESPONDENTS:

    1       THE CATHOLIC SYRIAN BANK
            REP. BY ITS MANAGING DIRECTOR CSB BHAVAN, ST. MARYS
            COLLEGE ROAD, THRISSUR, PIN - 680 020

    2       THE BRANCH MANAGER
            CATHOLIC SYRIAN BANK, CHOONAD BRANCH, PRANAVAM COMPLEX
            CHOONAD P.O, ALAPPUZHA DISTRICT, PIN - 690 503

    3       THE HEAD RETAIL COLLECTIONS
            CATHOLIC SYRIAN BANK, CHOONAD BRANCH, PRANAVAM COMPLEX
            CHOONAD P.O, ALAPPUZHA DISTRICT, PIN - 690 503

    4       THE DEPUTY COMMISSIONER OF GENERAL SALE TAX
            MINI CIVIL STATION BUILDING, CHENGANNUR, PIN - 689 121

            BY ADV P.PAULOCHAN ANTONY P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7696 OF 2024
                                     2




                               T.R.RAVI.J
            -------------------------------------------------------
                       WP(C) No.7696 of 2024
          --------------------------------------------------------
               Dated this the 28th day of May, 2024

                              JUDGMENT

The respondents have filed the copies of the gold

loan agreement and the account statement. There is

serious dispute between the parties regarding the

amounts. According to the petitioner, he has paid the

entire amount inclusive of penal interest. According to

the respondents, the amount paid is as demanded and

there is no excess amount collected.

I do not think these aspects can be considered in

this writ petition under Article 226 of the Constitution.

The writ petition is hence closed with liberty to the WP(C) NO. 7696 OF 2024

petitioner to move the appropriate forum for reliefs and

safeguarding all the contentions that have been taken in

the writ petition.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 7696 OF 2024

APPENDIX OF WP(C) 7696/2024

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF NOTICE DATED 7.2.2023 ISSUED BY THE 3RD RESPONDENT Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 16.2.2023 IN W.P.(C) 5335/2023 OF THIS HON'BLE COURT Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 21.9.2023 IN W.P.(C) 30904/2023 OF THIS HON'BLE COURT Exhibit-P4 TRUE COPY OF THE RECEIPTS (4 IN NUMBERS) Exhibit-P5 TRUE COPY OF THE RECEIPT DATED 30.8.2023 Exhibit-P6 TRUE COPY OF THE INTERNET DOWNLOADED PUBLICATION (UNDATED) Exhibit-P7 TRUE COPY OF THE ORDER DATED 23.1.2024 IN IA.

1/2023 IN W.P.(C) 30904/23 OF THIS HON'BLE COURT Exhibit-P8 TRUE COPY OF THE REQUEST DATED 30.1.2024 SUBMITTED BY THE PETITIONER

RESPONDENT'S EXHIBITS

Exhibit R1 COPIES OF THE GOLD LOAN AGREEMENT DATED ON 20-08-2020 AND BANK STATEMENT DATED ON 17-05-

             //TRUE COPY//          PA TO JUDGE