Abdul Majeed vs The Kottakkal Co-Operative Urban Bank ...
2024 Latest Caselaw 14406 Ker

Kerala High Court

Abdul Majeed vs The Kottakkal Co-Operative Urban Bank ... on 31 May, 2024

Author: Mary Joseph

Bench: Mary Joseph

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
               THE HONOURABLE MRS. JUSTICE MARY JOSEPH
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                         WA NO. 569 OF 2024
AGAINST THE JUDGMENT DATED 07.02.2024 IN WP(C) NO.4854 OF 2024 OF
HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER IN WPC:

            ABDUL MAJEED
            AGED 62 YEARS
            S/O. MOHAMMEDKUTTY, THALAPPIL HOUSE, AREETHALA,
            A.R.NAGAR P.O., MALAPPURAM DISTRICT, PIN - 676305
            BY ADV C.M.MOHAMMED IQUABAL


RESPONDENT(S)/RESPONDENTS IN WPC:

    1       THE KOTTAKKAL CO-OPERATIVE URBAN BANK LIMITED,
            HEAD OFFICE, KOTTAKKAL, KOTTAKKAL P.O., MALAPPURAM
            DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, PIN -
            676503
    2       THE MANAGER,
            KOTTAKKAL CO-OPERATIVE URBAN BANK LIMITED,ACHANAMBALAM
            BRANCH, ACHANAMBALAM P.O., MALAPPURAM DISTRICT, PIN -
            676501
    3       THE AUTHORIZED OFFICER,
            THE KOTTAKKAL CO-OPERATIVE URBAN BANK LIMITED, HEAD
            OFFICE, KOTTAKKAL, KOTTAKKAL P.O., MALAPPURAM DISTRICT,
            PIN - 676503
            BY ADVS.
            Devaprasanth P.J
            SMINI JOSE(K/262/2015)


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 569 OF 2024


                                -2-

                          JUDGMENT

A.J.DESAI, CJ.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, 1958, the writ petitioner has challenged the

judgment dated 07.02.2024, delivered by the learned Single Judge

in the captioned W.P.(C) No.4854/2024, by which, the learned

Single Judge has accepted the writ petition in part and directed the

appellant/petitioner to deposit an amount of Rs.12 lakhs within a

period of three weeks from 07.02.2024, and approach the

respondent back for One Time Settlement.

2. The learned Counsel appearing for the appellant would

submit that the appellant is unable to pay the said amount at a

stretch and therefore, the amount may be reduced.

3. The submission made by the learned Counsel for the

appellant was opposed by the learned Counsel appearing for the

respondent bank. However, he would submit that, if the judgment

impugned in this appeal is complied with and if any representation

is made for One Time Settlement, the bank would certainly consider WA NO. 569 OF 2024

the same.

In view of the above, we are not inclined to interfere with the

impugned judgment and the writ appeal is dismissed accordingly.

Needless to say that, the petitioner is given the liberty to approach

the Debt Recovery Tribunal with regard to the grievances raised in

this appeal.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

MARY JOSEPH JUDGE

uu 31.05.2024