Dismissed

The Principal,Mother India International v. Union Bank of India and Others

Kerala HC6 Jun 2011WP(C)/10355/2011

Case brief

AI extract

What is this about?

The High Court of Kerala heard a writ petition by a school principal seeking relief against his bank's alleged freezing of the account. The bank filed a counter affidavit stating it would not obstruct operations without a competent court order. The court recorded the submission and closed the petition without further orders.

What did the court decide?

null

The Principal,Mother India International Vs Union Bank… — Banking and Recovery | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933

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WP(C).No. 10355 of 2011(T)

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--------------------------

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PETITIONER: ---------------

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THE PRINCIPAL, (SAJAN SUDEVAN, S/O.SUDEVAN, AGED 35 YEARS) THE MOTHER INDIA INTERNATIONAL, RESIDENTIAL PUBLIC SCHOOL, KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.R.MANOJ

RESPONDENT(S):

THE UNION BANK OF INDIA, REPRESENTED BY ITS REGIONAL MANAGER, UNION BANK OF INDIA, STATUE JUNCTION,

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THIRUVANANTHAPURAM. 695 001.

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THE REGIONAL MANAGER, UNION BANK OF INDIA, STATUE JUNCTION, THIRUVANANTHAPURAM.

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THE BRANCH MANAGER, UNION BANK OF INDIA, ATTINGAL BRANCH, THIRUVANANTHAPURAM.

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SHAJAHAN, PRESIDENT,

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THE MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL SOCIETY, KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

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SREELATHA, LIBRARIAN WITH ADDITIONAL CHARGE OF ADMINISTRATOR, MOTHER INDIA INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL, KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

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R1 TO R3 BY ADV. SRI.A.S.P.KURUP, SC, UBI R4 BY ADV. SRI.P.K.MUHAMMED

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AND BY SRI.S.VIJI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10355 of 2011(T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1	:	TRUE COPY OF THE ORDER APPOINTING THE PETITIONER AS PRINCIPAL OF THE SCHOOL
EXT.P2	:	TRUE COPY OF THE JUDGMENT AND DECREE IN O.S.NO. 165/2010 OF THE MUNSIFF'S COURT, ATTINGAL DATED 31.05.2010
EXT.P3	:	TRUE COPY OF THE TERMS OF COMPROMISE IN O.P.NO.84 OF 2004 OF THE 1ST ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
EXT.P4	:	TRUE COPY OF THE PASS BOOK OF THE PETITIONER ISSUED FROM UNION BANK OF INDIA.
EXT.P5	:	TRUE COPY OF THE REPRESENTATION ADDRESSED BY THE PETITIONER TO RESPONDENTS 2 AND 3 DATED 21.03.2011.

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/TRUE COPY/

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P.S. TO JUDGE.

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P.R. RAMACHANDRA MENON, J.

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W.P.(C) No. 10355 OF 2011

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Dated this the 6^th June , 2011

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J U D G M E N T

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The petitioner has approached this court with the following

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prayers:

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“i) issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents 1 to 3 not to freeze the account of the petitioner covered by Ext. P4 pass book.

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ii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents 2 and 3 not to take a decision to freeze the account and Ext.P4 pass book without hearing the petitioner.; AND

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iii) issue such other further reliefs as are necessary in the interests of justice. ”

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The matter was admitted on 06.04.2011 and an order of status quo was also passed.

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The respondents 1 and 2 have filed a counter affidavit

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pointing out the facts and figures, stating that the Bank has not

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W.P.(C) No. 10355 OF 2011

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obtained any order of a competent Court so as to prevent the petitioner from operating the account. The learned counsel for the Bank submits that absolutely no obstruction is being caused from the part of the Bank with regard to operation of account

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and will never do the same unless the Bank is prevented by virtue of any order passed by a competent Court.

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The above submission is recorded. No orders are passed

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and the writ petition is closed.

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P.R. RAMACHANDRA MENON, JUDGE.

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The Principal,Mother India International v. Union Bank of India and Others

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The Principal,Mother India International v. Union Bank of India and Others

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