Suma B vs Parakode Service Co-Operative Bank ...
2024 Latest Caselaw 14640 Ker

Kerala High Court

Suma B vs Parakode Service Co-Operative Bank ... 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. 1524 OF 2024
PETITIONER:

            SUMA B.
            AGED 49 YEARS
            W/O.SURENDRAN, SURAJ BHAVAN, THONDALIL, PARAKKODE
            P.O., ADOOR VILLAGE, ADOOR TALUK,
            PATHANAMTHITTA DISTRICT, PIN - 691554
            BY ADV A.SANIL KUMAR


RESPONDENTS:

    1       PARAKODE SERVICE CO-OPERATIVE BANK (LTD) NO. 821
            REPRESENTED BY ITS SECRETARY,PARAKODE P.O.,
            PATHANMTHITTA DISTRICT, PIN - 691554
    2       ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL)
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), ADOOR, PATHANAMTHITTA DISTRICT,
            PIN - 691523
    3       SPECIAL SALE OFFICER
            INSPECTOR OF CO-OPERATIVE SOCIETIES, PARAKODE S.C.B.
            GROUP, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), ADOOR, PATHANAMTHITTA DISTRICT, PIN -
            691523
            SMT.SHEEJA C.S. - 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. 1524 OF 2024             2

                             JUDGMENT

The limited plea of the petitioner is that the 1st respondent - Bank

be directed to allow her to pay off the overdue amount in the loan

account in equal monthly installments so as to have it regularised. She

submitted that she is constrained to make this request because of the

financial constraints she 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 1 st respondent - Bank by

speed post.

3. It is rather distressing that the Bank has 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 she 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 her 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 17.01.2024 will continue to be in operation.

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

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

respondent - Bank appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/5.6

APPENDIX OF WP(C) 1524/2024

PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE NOTICE DATED 03/10/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER