Sumathy K E vs 1. Vennala Service Co-Operative Bank ...
2024 Latest Caselaw 14020 Ker

Kerala High Court

Sumathy K E vs 1. Vennala Service Co-Operative Bank ... on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 11002 OF 2024


PETITIONER:

            SUMATHY K E, AGED 64 YEARS
            W/O. BALAKRISHNAN, KANIYAMKUNNATH HOUSE,
            VENNALA P.O.,ERNAKULAM DISTRICT, PIN - 682028

            BY ADVS.
            K.A.RASHEED
            P.M.HARIS (POOTHULIL)


RESPONDENTS:

    1       VENNALA SERVICE CO-OPERATIVE BANK LTD. NO. E-774
            VENNALA P.O., KOCHI, REPRESENTED BY ITS SECRETARY.,
            PIN - 682028

    2       SENIOR INSPECTOR/SPECIAL SALES OFFICER (SP GRADE),
            VENNALA SCB GROUP, OFFICE OF THE ASST. REGISTRAR
            (GENERAL), KANAYANNUR, KOCHI, PIN - 682016

            BY ADVS.
            SATHEESH N
            PRIYA CAROL(K/000112/2019)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11002/24
                                    2

                          JUDGMENT

When this matter was called today, Sri.N.Satheesh - learned

counsel for the respondent Bank, submitted that, though his client

has already obtained an Award through statutory Arbitration

against the petitioner, if she is interested, she can be allowed to

pay off the total amounts thereunder, which is a sum of

Rs.22,50,028/- as on 28.05.2024, along with all applicable charges

and interest, provided she pays the same in not more than 18

equal monthly installments.

2. Sri.K.A.Rasheed - learned counsel for the petitioner,

accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, permitting the petitioner to pay off the aforementioned

amount, along with all applicable charges and interest, in 18 equal

monthly installments, commencing from 30.06.2024.

Needless to say, if the petitioner continues to pay as afore,

all action pursuant to Exts.P1 and P4 will stand deferred; but if

she defaults payment of any two installments as ordered above,

necessary action for recovery as per the Award can be taken

forward, without having to obtain further orders from this Court.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE



                APPENDIX OF WP(C) 11002/2024

PETITIONER EXHIBITS
Exhibit -P1         TRUE COPY OF THE AWARD DATED 30/12/2022

ISSUED BY THE ARBITRAL TRIBUNAL FOR CO-

OPERATIVE SOCIETIES Exhibit-P2 TRUE COPY OF THE RECEIPT DATED 10/02/2023 ISSUED BY THE 1ST RESPONDENT Exhibit-P3 TRUE COPY OF THE APPLICATION DATED 10/02/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit-P4 TRUE COPY OF THE NOTICE DATED 18/01/2024 ISSUED BY THE 2ND RESPONDENT