Reji M.P vs Kaduthuruthi Regional, Service ...
2024 Latest Caselaw 14434 Ker

Kerala High Court

Reji M.P vs Kaduthuruthi Regional, Service ... on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 7368 OF 2024
PETITIONER:

            REJI M.P,
            AGED 53 YEARS
            S/O. PRABHAKARAN, MANAKKAPARAMBIL, PAZHUTHURUTH,
            THIRUVAMBADI P.O., NEZHOOR, KOTTAYAM, PIN - 686612
            BY ADV P.T.SHEEJISH


RESPONDENTS:

    1       KADUTHURUTHI REGIONAL, SERVICE CO-OPERATIVE
            BANK LTD 4061, KADTHURUTHI, KOTTAYAM REPRESENTED BY
            ITS MANAGER, PIN - 686612
    2       THE SPECIAL SALE OFFICER,
            KADUTHURUTHI REGIONAL, SERVICE CO-OPERATIVE BANK
            LTD. 4061, ASSISTANT REGISTRAR (GENERAL) OFFICE,
            VAIKOM, KOTTAYAM, PIN - 686141
            SMT.C.S.SHEEJA SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7368 OF 2024                 2

                                 JUDGMENT

The limited plea of the petitioner is that the respondent - Bank be

directed to allow him to pay off the overdue amount in the loan account

in 24 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 respondents by speed

post.

3. It is rather distressing that the respondents have 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 23.02.2024 will continue to be in operation.

I, however, clarify that I have not entered into the merits of the

claims of the petitioner and that they are left to be decided by the

respondent - Bank appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/31.5

APPENDIX OF WP(C) 7368/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ATTACHMENT NOTICE FOR AN AMOUNT OF RS. 7,67,245/- DATED 20.12.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE ATTACHMENT NOTICE FOR AN AMOUNT OF RS. 9,91,950 DATED 20.12.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF PROCLAMATION OF AUCTION SALE TO 26.2.2024 IN FORM NO. 9 FOR AN AMOUNT OF RS. 10,06,042/ ISSUED BY THE 2ND RESPONDENT DATED NIL -.

Exhibit P4 TRUE COPY PROCLAMATION OF AUCTION SALE PUBLISHED IN MALAYALA MANORAMA DAILY DATED 24.1.2024