Kerala High Court
Sivaprasad.S, S/O Soman R vs Mangad Service Co-Operative Bank Ltd ... 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. 1828 OF 2024
PETITIONERS:
1 SIVAPRASAD.S, S/O SOMAN R, AGED 43 YEARS
SIVAPRASAD BHAVAN, SAGAR 1, KARICODE,
MANGAD, KOLLAM, PIN - 691005
2 SASIKALA.S, W/O SIVAPRASAD.S, AGED 35 YEARS
SIVAPRASAD BHAVAN, SAGAR 1, KARICODE, MANGAD,
KOLLAM, PIN - 691005
BY ADVS.
DIPU.R
K.S.BAIJU
DEVI KRIPA R.
P.V.SARITHA VENUGOPAL
DHANYA BABU
NEETHU SASI
ANSU SARA MATHEW
RESPONDENTS:
1 MANGAD SERVICE CO-OPERATIVE BANK LTD NO1069,
REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
MANGAD, KOLLAM, PIN - 691015
2 SPECIAL SALE OFFICER, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL],
KACHERI P.O, KOLLAM, PIN - 691013
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
[GENERAL], KOLLAM, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL],
KACHERI P.O, KOLLAM, PIN - 691013
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1828/24
2
JUDGMENT
The limited plea of the petitioners is that the respondent -
Bank be directed to allow them to pay off the overdue amount in
the loan account in 20 equal monthly installments so as to have it
regularised. They submit that they are constrained to make this
request because of the financial constraints they are facing and
hence being unable to make payment in lump sum.
2. The endorsements on the files of this case indicate that
the petitioners have already taken out notice to the respondent-
Bank by Speed Post and in fact, when this matter was considered
by this Court on 19.02.2024, there was no appearance on their
behalf. It is rather distressing that the respondent-Bank has still
refused to appear before this Court even today, though the
petitioner submits that they have complied with the interim order
of this Court dated 17.01.2024, remitting an amount of Rs.2 Lakhs.
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 petitioners to approach the Bank with an appropriate
representation seeking any relief/claim that they 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 them 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 petitioners, the interim order
granted by this Court on 17.01.2024 will continue to be in
operation.
I, however, clarify that I have not entered into the merits of
the claims of the petitioners and that they are left to be decided
by the respondent - Bank appropriately.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 1828/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF NOTICE DATED 26/05/2023
ISSUED BY THE 2ND RESPONDENT TO THE 1ST
PETITIONER
Exhibit P2 THE TRUE COPY OF NOTICE DATED 26/05/2023
ISSUED BY THE 2ND RESPONDENT TO THE 2ND
PETITIONER
Exhibit P3 THE TRUE COPY OF AUCTION NOTICE [DATED
NIL] ISSUED TO THE PETITIONERS
