Kerala High Court
Gireesh Pankajakshan vs Ayyappancoil Service Co-Operative ... 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. 8627 OF 2024
PETITIONER:
GIREESH PANKAJAKSHAN,
AGED 42 YEARS
S/O PANKJAKSHAN CHEMPANKULAM HOUSE, AYYAPPANCOVIL
P.O, AYYAPPANCOIL, IDUKKI DISTRICT, PIN - 685507
BY ADVS.
N.K.SHYJU
VISHNU MOHAN
SAHLA NECHIYIL
ATHIRA PADMENDHU
RESPONDENT:
AYYAPPANCOIL SERVICE CO-OPERATIVE BANK LTD NO. 3558,
MATTUKKATTA BRANCH, AYYAPPANCOIL P.O., IDUKKI
DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN -
685507
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.8627/2024
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.8627 of 2024
==========================
Dated this the 31st day of May, 2024
JUDGMENT
The limited plea of the petitioner is that the respondent -
Bank be directed to allow him to remit the existing due amount
in the loan account in 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
respondent by speed post.
3. It is rather distressing that the respondent has still
refused to appear before this Court. However, this cannot be a
reason for this Court to refrain from passing appropriate
orders.
4. 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
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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.
5. 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 08.04.2024 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
ACR
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APPENDIX OF WP(C) 8627/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LETTER DATED 19/02/2024
SENT BY THE RESPONDENT TO THE PETITIONER
