Lissy Thankachan vs The Kerala Gramin Bank
2024 Latest Caselaw 27291 Ker

Kerala High Court

Lissy Thankachan vs The Kerala Gramin Bank on 11 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WA No.1328/2024                            1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
            THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
                                          &
                          THE HONOURABLE MR. JUSTICE S.MANU
           Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
                                WA NO. 1328 OF 2024
       AGAINST JUDGMENT DATED 08.07.2024 IN WP(C) 24396/2024 OF THIS COURT
   APPELLANT(S)/PETITIONERS:

      1. LISSY THANKACHAN, AGED 63 YEARS, W/O THANKACHAN G, LIJO VILLA,
         PARAPATTY, THATTAYIL PO, ADOOR, PATHANAMTHITTA DISTRICT, PIN -
         691525
      2. ROSHNI MARY ROY, AGED 35 YEARS, D/O ROY ABRAHAM, CHAKKITTAYIL
         VELIYIL, MANNAR- HARIPAD ROAD, MELPADOM P O , ALAPPUZHA DISTRICT
         PIN, PIN - 689627

    BY ADVS.M/S. M.T.SURESHKUMAR, MANJUSHA K & SREELAKSHMI SABU

   RESPONDENT(S)/RESPONDENTS:

      1. THE KERALA GRAMIN BANK, ADOOR BRANCH, NADACKAVILANGADY, OPPOSITE
         GOV. HOSPITAL, ADOOR P.O PATHANAMTHITTA DISTRICT. REPRESENTED BY ITS
         SENIOR MANAGER / MANAGER, PIN - 691523
      2. THE AUTHORISED OFFICER, THE KERALA GRAMIN BANK, REGIONAL OFFICE AT
         PLAKKILETHU CGM BUILDING, CHURULICODE JUNCTION, PATHANAMTHITTA, PIN
         - 689668
      3. THE AUTHORISED OFFICER, THE KERALA GRAMIN BANK, HEAD OFFICE, KGB
         TOWERS, AK ROAD, MALAPPURAM, KERALA, PIN - 676505

    BY ADV. RASSAL JANARDHANAN A FOR R1 TO R3.

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to call for records leading to interest calculated for the moratorium
   period making the EMI as ₹ 40,000/- in Loan No. GHL (LA155) 33615155000112
   and Loan No. MSSOD (MSSOD) 40336121000876.

        This Writ Appeal coming on for orders on 11/09/2024 upon perusing
   the appeal memorandum, the court on the same day passed the following:




                                        ORDER

Petitioner's grievance is in regard to the enhancement of EMI without any contract. It is submitted that the bank has enhanced the EMI without the consent of petitioners.

Learned counsel for the bank is directed to get instructions.

Post on 24.09.2024.

Sd/- A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/- S.MANU JUDGE

11-09-2024 /True Copy/ Assistant Registrar