Ratheesh.R vs The D.C.B Bank Limited
2024 Latest Caselaw 31165 Ker

Kerala High Court

Ratheesh.R vs The D.C.B Bank Limited on 1 November, 2024

WP(C) NO. 38141 OF 2024

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                                                      2024:KER:81202
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

    FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                        WP(C) NO. 38141 OF 2024

PETITIONER

             RATHEESH.R,
             AGED 41 YEARS
             S, S/O. RAMESH KARIKKANATTU NIKARTHIL, MAYITHARA P.O,
             CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688539


             BY ADV JOSEPH RONY JOSE


RESPONDENT

             THE D.C.B BANK LIMITED,
             BRANCH OFFICE AT LST FLOOR NO.6,RAJAJI ROAD,
             NUNGAMBAKKAM, CHENNAI.TAMIL NADU, REPRESENTED BY ITS
             AUTHORISED OFFICER, PIN - 600034



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38141 OF 2024

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                                JUDGMENT

==============

This writ petition is filed by the petitioner seeking the following

reliefs:

"i) Issue a writ of Certiorari or other appropriate writ order or directions to call for the records leading to Ext.P1 and quash the same;

ii) To dispense with the production of English translation of documents which are in vernacular language

iii) Such other reliefs which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case."

2. Heard the learned counsel appearing for the petitioner and

the learned Standing Counsel appearing for the respondent Bank.

3. The learned Standing Counsel for the respondent submitted

that a total amount of Rs.8,96,988/-, of which an overdue amount of

Rs.2,00,000/- is due and payable by the petitioner. It is also submitted

that the Bank is ready and amenable for allowing installment facility for

clearing off the overdue amounts, provided the petitioner pays an

amount of Rs.50,000/- within a period of two weeks from today. The

course thus agreed to is detailed hereunder:

WP(C) NO. 38141 OF 2024

2024:KER:81202

i) The petitioner shall pay an amount of Rs.50,000/- within a

period of two weeks from today. Upon payment of Rs.50,000/-, the

account would be regularized and the rest of the overdue amount shall

be remitted by the petitioner in ten equal consecutive installments along

with regular EMIs and other bank charges, if any.

ii) In case of any default by the petitioner in complying with the

above arrangement, the bank shall be free to proceed in accordance

with law.

iii) So as to enable the arrangement as aforementioned, the

coercive steps shall be kept in abeyance.

The writ petition is disposed as above.

Sd/-

SYAM KUMAR V.M. JUDGE

smm WP(C) NO. 38141 OF 2024

2024:KER:81202 APPENDIX OF WP(C) 38141/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE COMMISSIONER DATED 17/10/2024