Citation : 2026 Latest Caselaw 1310 Ker
Judgement Date : 6 February, 2026
WP(C) NO. 2586 OF 2025 1 2026:KER:11069
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 2586 OF 2025
PETITIONER/S:
1 UNNIKRISHNA PILLAI
AGED 62 YEARS
S/O KRISHNA PIILAI MURALISADHANAM,
KUTTAMPEROOR P O MANNAR, ALAPUZHA DT,
PIN - 689623
2 SREELAKSHMI U
AGED 29 YEARS
D/O UNNIKRISHNA PILLAI MANNATHU SUDARSANAM
THIRTTAMEL,CHENGANNOOR P O,
ALAPUZHA DT,
PIN - 689121
3 PRASANNAN M M
AGED 64 YEARS
S/O KARTHYANI AMMA MALAYILAYYATHU,
PENNUKARA ALA,
CHENGANNOOR,
ALAPUZHA DT,
PIN - 689506
4 SREEKUMARI B
AGED 57 YEARS
W/O PRASANNAN M M MALAYILAYYATHU,
PENNUKARA ALA,
CHENGANNOOR,
ALAPUZHA DT,
PIN - 689506
BY ADVS.
SHRI.FRANKLIN ARACKAL
SRI.I.J.AUGUSTINE
KUM.NEETHU SOMAN
WP(C) NO. 2586 OF 2025 2 2026:KER:11069
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
DEPARTMENT OF CO OPERATION, SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO OPERATIVE SOCIETIES
JAWAHAR SHANKARANA BHAVAN,DPI JUNCTION THYCAUD P O,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
(GENERAL)
PECHIANKALAMMAN COVIL TRUST BUILDING
MULLACKAL,ALLEPPY, PIN - 688011
4 THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
(GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES MINI CIVIL STATION,CHENGANNOOR P O,
ALAPPUZHA DT, PIN - 689121
5 CHENGANNOOR SERVICE CO OPERATIVE BANK LTD NO.3351
KIZHAKKENADA,CHENGANNUR P O,ALAPUZHA DT,PIN-
REPRESENTED BY IT'S SECRETARY, PIN - 689121
6 THE BOARD OF DIRECTORS
CHENGANNOOR SERVICE CO OPERATIVE BANK LTD NO.3351
KIZHAKKENADA,CHENGANNUR P O,ALAPUZHA DT,PIN-
REPRESENTED BY IT'S PRESIDENT, PIN - 689121
BY ADVS.
SHRI.M.R.SUDHEENDRAN
SHRI.S.HARIKRISHNAN
SMT.RICHU HANNA RANJITH
SMT. C.S SHEEJA (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2586 OF 2025 3 2026:KER:11069
JUDGMENT
The petitioners maintained fixed deposits with the fifth
respondent bank. According to the petitioners, the fixed deposits have
matured, and despite request, the fifth respondent has failed to repay
the amounts due to the petitioners under the fixed deposits.
2. The learned counsel appearing for the fifth respondent
bank submits that the bank is passing through a severe financial crisis.
It is further submitted that nearly Rs.20 crores is to be collected
towards loans granted by the bank, and that the proceedings are at
various stages before the competent authorities. It is also submitted
that the amounts payable to the petitioners as on 06.02.2026 are as
follows :-
NAME OF AMOUNT IN FD MATURITY MATURITY DATE PETITIONER VALUE
1. UNNIKRISHNA Rs.1,02,121.00 PILLAI SB Account balance as on today NO FD
2. SREELAKSHMI FD Rs.1,38,441.50 20/01/2026
3. PRASANNAN Rs.7,00,000/- Rs.7,61,250/- 17/02/2026 Rs.4,00,000/- Rs.5,08,542/- 04/01/2026 Rs.6,00,000/- Rs.7,11,215/- 28/04/2026 Rs.2,00,000/- Rs.2,72,636/- 04/04/2026 Rs.5,00,000/- Rs.6,41,584/- 27/04/2026 TOTAL FD Rs.28,95,227/-
4. SREEKUMARI NO FD/SB All dues cleared and account closed WP(C) NO. 2586 OF 2025 4 2026:KER:11069
It is submitted that, considering the financial situation of the bank, the
bank may be permitted to repay the amounts in installments.
3. The learned counsel appearing for the petitioners would
submit that the petitioners have no objection in an order being passed
directing the fifth respondent to pay the amounts due to the petitioners
in installments.
Accordingly, this writ petition is disposed of on consent in the
following manner:-
1) The amounts due to the petitioner Nos.1 and 2 shall be
repaid in monthly installments of Rs.5,000/- each. Future interest
shall be calculated at fixed deposit rates on a reducing balance.
2) The amounts due to the petitioner No.3 shall be repaid in
monthly installments of Rs.25,000/- each. Future interest shall be
calculated at fixed deposit rates on a reducing balance.
It is made clear that, if the bank is able to repay any amounts
over and above the amounts directed to be paid as above, the bank will
take steps to disburse such amount to the petitioners.
Sd/-
GOPINATH P., JUDGE rkj WP(C) NO. 2586 OF 2025 5 2026:KER:11069
APPENDIX OF WP(C) NO. 2586 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FD RECEIPT NO. 5082 DATED 8/2/2020 Exhibit P1(a) A TRUE COPY OF THE RELEVANT PAGE OF THE SB ACCOUNT NO. 1/4276 REFLECTING AS ON 6/11/24 A DEPOSIT OF RS. 1,82,709/- Exhibit P2 A TRUE COPY OF THE FD RECEIPT NO. 6071 DATED 20/9/2021 FOR AN AMOUNT OF RS.1,00,000/-
Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE SB ACCOUNT NO. 1/4302 REFLECTING AS ON 3/9/24 A DEPOSIT OF RS.39,695/-
Exhibit P4 A TRUE COPY OF THE FD RECEIPT NO.6774 DATED 28/4/2024 FOR AN AMOUNT OF RS.6,00,000/-
Exhibit P4(a) A TRUE COPY OF THE FD RECEIPT NO.04481 DATED 27/4/2019 FOR AN AMOUNT OF RS.5,00,000/-
Exhibit P4(b) A TRUE COPY OF THE FD RECEIPT NO.7036 DATED 17/2/2024 FOR AN AMOUNT OF RS.7,00,000/-
Exhibit P4(c) A TRUE COPY OF THE FD RECEIPT NO.6844 DATED 4/7/2023 FOR AN AMOUNT OF RS. 4,30,000/-
Exhibit P4(d) A TRUE COPY OF THE FD RECEIPT NO.6752 DATED 11/4/2023 FOR AN AMOUNT OF RS. 2,30,000/-
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 29/7/2022 IN WP©15885/2021 Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF THE SAID JUDGMENT DATED 11/9/2024 WP(C ) 8706/2020 & CONNECTED CASES Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 12/11/2024 IN WP(C) 39952/2024 Exhibit P8 A TRUE COPY OF THE UNDATED STATEMENT PREPARED BY THE PETITIONERS
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