Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 40818 OF 2022 PETITIONER: SHYJA E. AGED 47 YEARS W/O. SURESH BABU KALLAMPUNATHIL HOUSE, KURUMMANNIL, ANNASHERRY ANNASHERRY AMSOM DESOM, KOZHIKODE DISTRICT, PIN 673317. BY ADV P.M.HABEEB RESPONDENTS: 1 CALICUT CITY SERVICE CO-OPERATIVE BANK LTD. NO. D 2777 REP. BY ITS GENERAL MANAGER, CHALAPPURAM P.O KASABA AMSOM DESOM, KOZHIKODE DISTRICT, PIN - 673002. 2 JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, CHALAPPURAM P.O KOZHIKODE 3 THE ASSISTANT REGISTRAR/ SUB SALES OFFICER CALICUT CITY SERVICE CO-OPERATIVE BANK LTD CHALAPPURAM P.O, KASABA AMSOM DESOM, KOZHIKODE DISTRICT, PIN - 673002.
BY ADV B.S.SWATHI KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).39750/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.40818 and 39750/2022 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 WP(C) NO. 39750 OF 2022 PETITIONER/S: SURESH BABU A.P AGED 47 YEARS S/O. CHOYIKKUTTY KALLAMPUNATHIL HOUSE, KURUMMANNIL, ANNASHERRY ANNASHERRY AMSOM DESOM, KOZHIKODE DISTRICT, PIN -673317. BY ADV P.M.HABEEB RESPONDENT/S: 1 CALICUT CITY SERVICE CO-OPERATIVE BANK LTD.NO.D 2777 REP. BY ITS GENERAL MANAGER, CHALAPPURAM P.O KASABA AMSOM DESOM, KOZHIKODE DISTRICT, PIN - 673002. 2 JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, CHALAPPURAM P.O., KOZHIKODE 3 THE ASSISTANT REGISTRAR/ SUB SALES OFFICER CALICUT CITY SERVICE CO-OPERATIVE BANK LTD., CHALAPPURAM P.O, KASABA AMSOM DESOM, KOZHIKODE BY ADV B.S.SWATHI KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, ALONG WITH WP(C).40818/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.40818 and 39750/2022 -3-
JUDGMENT
The petitioners in these cases have approached this court in the matter of recovery proceedings initiated by the 1st respondent to recover the amounts due under loans availed by the petitioners. It is not disputed before me that the condition imposed in the separate interim orders dated 21-12-2022 in these writ petitions have not been complied with by the petitioners. Through another interim
order dated 20-02-2023, this court had permitted the petitioners to approach the
bank for settlement under the "നവക രള യ ടശ ന വ രണ -2023”.
2. The learned counsel appearing for the petitioners in these cases would submit that some settlement has been arrived between the petitioners and the bank, and the petitioners may be permitted to approach the bank for closure.
3. The learned counsel for the respondent bank submit that the petitioners have not remitted the amount, directed to be paid in terms of the interim order dated 21-12-2022 (in both cases).
4. Having heard the learned counsel for the petitioners and the learned
counsel for the respondent bank, I am clearly of the view that the petitioners are not entitled to any relief from this court. They have not demonstrated their bonafides by depositing the amounts directed to be paid in terms of the interim orders dated 21-12-2022. These writ petition fails and it is accordingly dismissed. However, it is open to the petitioners to approach the bank for any settlement. Sd/- GOPINATH P. JUDGE AMG W.P (C) No.40818 and 39750/2022 -4- APPENDIX OF WP(C) 39750/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 27.6.2019 Exhibit P2 TRUE COPY OF THE NOTICE RECEIVED FROM THE SUB COURT, KOZHIKODE DATED 21/2/22 Exhibit P3 TRUE COPY OF THE PETITION IN APPEAL NO 315/2022 IN THE FILE OF 5TH ADDL. DISTRICT COURT KOZHIKODE DATED NIL W.P (C) No.40818 and 39750/2022 -5- APPENDIX OF WP(C) 40818/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 6.7.2019 Exhibit P2 TRUE COPY OF THE NOTICE RECEIVED FROM THE SUB COURT, KOZHIKODE. Exhibit P3 TRUE COPY OF THE PETITION IN APPEAL NO.316/2022 IN THE FILE OF 5TH ADDL. DISTRICT COURT, KOZHIKODE