Raseema Padikkal vs The Mowenchery Co-Operative Rural Bank ...
2024 Latest Caselaw 33591 Ker

Kerala High Court

Raseema Padikkal vs The Mowenchery Co-Operative Rural Bank ... on 21 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                               2024:KER:87481



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                    WP(C) NO. 33916 OF 2024



PETITIONER:

         RASEEMA PADIKKAL
         AGED 45 YEARS
         D/O MOOSA,
         RESIDING AT 'RASEEMA MANZIL'
         PURAVOOR, KANHIRODE PO,
         KANNUR TALUK AND DISTRICT,
         PIN - 670592

         BY ADV P.P.MUBASHIR ALI


RESPONDENTS:

    1    THE MOWENCHERY CO-OPERATIVE RURAL BANK LIMITED,
         NO.F.1279, CHAKKARAKKAL PO
         MOUVANCHERY, KANNUR DISTRICT
         REPRESENTED BY ITS SECRETARY,
         PIN - 670613

    2    SPECIAL SALE OFFICER
         (SENIOR CO-OPERATIVE INSPECTOR)
         ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
         SOCIETIES OFFICE, KANNUR P.O,
         KANNUR DISTRICT, PIN - 670002

         BY ADV CIBI THOMAS

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 21.11.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
                                                         2024:KER:87481
WP(C) No.33916 of 2024
                                   2



                            JUDGMENT

Dated this the 21st day of November, 2024

The petitioner, who availed a financial advance from

the 1st respondent-Bank and against whom the Bank has

initiated coercive proceedings, has filed this writ petition

seeking the following reliefs:-

"(i) Issue a writ of mandamus or such other writ order or direction directing the respondent bank to stay all further proceedings under Ext.P2 notice without any delay.

(ii) Issue a writ of mandamus or such other writ order or direction directing the respondents to allow the petitioners to remit the existing due amounts in 36 easy monthly installments and to regularize the loan."

2. When the writ petition came up for admission on

27.09.2024, this Court passed an interim order to the following

effect:-

"Issue urgent notice on admission by speed post to the respondents.

There will be an interim order staying further proceedings pursuant to Ext.P2 till 25.10.2024 on condition that the petitioner remits an amount of ₹5 lakhs within a period of one month."

2024:KER:87481

Standing Counsel representing the Bank submits that the

petitioner has not remitted the amount as directed by this

Court so far.

3. The petitioner approached this Court seeking

to permit her to clear the entire outstanding loan amount in 36

equal monthly instalments. The petitioner was directed to remit

a small amount towards repayment. The petitioner has not

remitted the said amount. The petitioner submits that the

petitioner has remitted ₹1,50,000/- .

In such circumstances, the petitioner is not entitled to

any further discretionary relief from this Court under Article

226 of the Constitution of India. The writ petition is therefore

dismissed. It will be open to the petitioner to approach the

Bank for settlement of the loan account.

Sd/-

N.NAGARESH JUDGE spk 2024:KER:87481

APPENDIX OF WP(C) 33916/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 21.02.2023 IN ARC NO.385/2023 PASSED BY THE SECOND RESPONDENT

Exhibit P2 A TRUE COPY OF NOTICE DATED 06-09-2024 ISSUED BY THE SECOND RESPONDENT