Kerala High Court
Jiju Jennis vs Muthalakudom Service Co-Operative ... on 13 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:70223
W.P.(C) No.23697/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946
WP(C) NO. 23697 OF 2024
PETITIONERS:
1 JIJU JENNIS,
AGED 36 YEARS,
S/O JENNIS SCARIA, MORUKUNNEL HOUSE,
PUTHUPARIYARAM, MANAKKAD VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT,
KERALA. MEMBERSHIP NO. 117750, PIN - 685608
2 DALY JENNIS,
AGED 57 YEARS,
W/O JENNIS SCARIA, MORUKUNNEL HOUSE,
PUTHUPARIYARAM, MANAKKAD VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT,
KERALA. MEMBERSHIP NO. 11773, PIN - 685608
3 JENNIS SCARIA,
AGED 60 YEARS,
S/O SCARIA, MORUKUNNEL HOUSE,
PUTHUPARIYARAM, MANAKKAD VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT,
KERALA. MEMBERSHIP NO.11776, PIN - 685608
BY ADVS.
RIJO DOMY
RISHAB S.
RESPONDENTS:
1 MUTHALAKUDOM SERVICE CO-OPERATIVE BANK LTD.
BRANCH NO. 1403, THODUPUZHA, IDUKKI DISTRICT,
KERALA REPRESENTED BY ITS SECRETARY,
PIN - 685605
2024:KER:70223
W.P.(C) No.23697/2024
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2 ASSISTANT REGISTRAR,
THODUPUZHA CO-OPERATIVE SOCIETIES,
THODUPUZHA, IDUKKI DISTRICT,
KERALA, PIN - 685584
BY ADVS.
N.K.SHYJU
GIREESH PANKAJAKSHAN(K/692/2009)
VISHNU MOHAN(K/2129/2022)
SAHLA NECHIYIL(D/7256/2023)
ANANYA M.(K/987/2022)
SMT. RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(C) No.23697/2024
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JUDGMENT
Dated this the 13th day of September, 2024
The petitioners, who have availed a financial
advance from Muthalakodam Service Co-operative Bank
Limited and against whom the Bank has initiated recovery
proceedings, have filed this writ petition seeking the following
reliefs:
"i) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents to
permit the petitioners to close the loan account by
paying the defaulted amounts in 30 equal monthly
instalments.
ii) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents not to
proceed with Exts.P1 to P3 and permit the petitioners
to pay the defaulted amount in equal monthly
instalments."
2. When this writ petition came up for
admission, this Court passed an interim order on 19.07.2024
staying all further proceedings pursuant to Exts.P1 to P3 till
2024:KER:70223
30.08.2024 on condition that the petitioners shall remit an
amount of ₹10 lakhs within a period of one month.
3. On 30.08.2024, when this writ petition came
up again, the petitioners submitted that they could not pay
₹10 lakhs as directed by this Court and they will comply with
the interim order within two weeks.
4. When this writ petition came up for hearing
today, the Standing Counsel submitted that the petitioners
have not remitted the amount as agreed.
5. Heard.
6. Standing Counsel representing the Bank
submitted that the total outstanding amount payable by the
petitioners is ₹1,86,41,538/- as on today. The petitioners
approached this Court seeking instalment facility to pay the
outstanding amount. The petitioners were directed to remit
an amount of ₹10 lakhs within one month. The petitioners
have not remitted the amount so far.
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In the circumstances, the petitioners are not entitled
to any further discretionary relief from this Court. The writ
petition is dismissed.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:70223
APPENDIX OF WP(C) 23697/2024
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF EXECUTION APPLICATION
DEMAND NOTICE ISSUED BY THE 2ND
Exhibit P2 THE TRUE COPY OF EXECUTION APPLICATION
ISSUED BY THE 2ND RESPONDENT IN EA NO.
Exhibit P3 THE TRUE COPY OF EXECUTION APPLICATION
DEMAND NOTICE ISSUED BY THE 2ND
Exhibit P4 THE TRUE COPY OF APPLICATION IN EA NO.
408/2024 DATED NIL FILED BY THE 1ST
RESPONDENT
Exhibit P5 THE TRUE COPY OF APPLICATION IN EA NO.
409/2024 DATED NILL FILED BY THE 1ST
RESPONDENT
Exhibit P6 THE TRUE COPY OF APPLICATION IN EA NO.
410/2024 DATED NIL FILED BY THE 1ST
RESPONDENT
