Kochumon vs The Kerala State Co-Operative Bank Ltd
2024 Latest Caselaw 29802 Ker

Kerala High Court

Kochumon vs The Kerala State Co-Operative Bank Ltd on 22 October, 2024

                                                         2024:KER:79379


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
       THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                   &
                THE HONOURABLE MR. JUSTICE S.MANU
   TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
                        WA NO.1574 OF 2024
    JUDGMENT DATED 19.8.2024 IN WP(C) NO.29222 OF 2024 OF
                     HIGH COURT OF KERALA
                     --------------------
APPELLANT/PETITIONER :-

            KOCHUMON, AGED 52 YEARS
            S/O DEVASSYA, KALLUKALAYIL HOUSE, MEKKARAV,
            ANAMANGAD (P.O), MALAPPURAM DISTRICT, PIN - 679 357

            BY ADVS.
            BRIJESH N.B.
            BALAKRISHNAN N.


RESPONDENT/RESPONDENT :-

            THE KERALA STATE CO-OPERATIVE BANK LTD.
            (ERSTWHILE MDC BANK) LADIES BRANCH,
            PERINTHALMANNA, PIN - 679 322
            REPRESENTED BY ITS BRANCH MANAGER/
            AUTHORISED OFFICER

            BY SRI.GILBERT GEORGE CORREYA


     THIS    WRIT   APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                 2024:KER:79379
WA NO.1574 OF 2024
                                     -: 2 :-


                                  JUDGMENT

Dated this the 22nd day of October, 2024

Nitin Jamdar, C.J.

Heard Sri. Brijesh N.B., learned counsel for the Appellant and Sri. Gilbert George Correya, learned counsel for the Respondent.

2. The Appellant/Original Petitioner is aggrieved by the judgment delivered by the learned Single Judge dated 19 August 2024, rejecting the writ petition. The learned Single Judge has noted that though the Petitioner had sought directions to the Respondent Bank to permit him to remit existing due amounts in instalments, similar writ petition - W.P.(C) No.23448 of 2023 for identical relief filed by the Petitioner was disposed of on 21 July 2023 directing him to pay the amounts in monthly instalments, and this indulgence extended was not honoured by the Petitioner. Therefore, the learned Single Judge held that a second petition for the same relief cannot be entertained in view of the conduct of the Petitioner. We find no error in the view taken.

3. The appeal is accordingly, dismissed.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S. MANU JUDGE Jvt