Dismissed

Kripakaran.I v. the Ernakulam Dist.Co-Operative Bank Ltd.

Kerala HC29 Jun 2012WP(C)/13829/2012

Case brief

AI extract

What is this about?

This single-paragraph order disposed of a writ petition where the petitioner, a bank clerk, complained about the retention of his signed blank cheques by the respondent bank. The court directed the petitioner to remit the outstanding amount, upon which the bank must return the cheques and agreement.

What did the court decide?

Petitioner to pay Rs. 1,50,575/- with interest within two weeks, after which Bank must return cheque book and loan agreement.

Kripakaran.I Vs the Ernakulam… — Contract and Commercial Disputes | Kerala HC (2012)

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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 K.SURENDRA MOHAN

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FRIDAY, THE 29TH DAY OF JUNE 2012/8TH ASHADHA 1934

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WP(C).No. 13829 of 2012 (C)

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PETITIONER:-

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KRIPAKARAN.I,, AGED 49 YEARS TC 24/1801, KRIPA, TEN-144 THYCAUD P.O, THIRUVANANTHAPURAM 695014

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BY ADV. SRI.C.K.MOHANAN

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RESPONDENT:-

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THE ERNAKULAM DIST.CO-OPERATIVE BANK LTD, THRIKKAKKARA BRANCH, KAKKANAD P.O 682030 REPRESENTED BY THE BRANCH MANAGER

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BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13829 of 2012 (C)

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APPENDIX

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PETITIONER EXHIBITS:-

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EXT. P1	PHOTOCOPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 16-06-2010
EXT. P2	PHOTOCOPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 28-05-2011
EXT. P3	PHOTOCOPY OF THE PLAINT FILED BY THE RESPONDENT BEFORE THE ARBITRATOR DATED 02-11-2011
EXT. P4	PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE ARBITRATOR DATED 10-02-2012
EXT. P5	PHOTOCOPY OF THE AWARD PASSED BY THE ARBITRATOR DATED 10-2-2012
EXT. P6	PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT DATED 15-05-2012
EXT. P7	PHOTOCOPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 30-05-2012
EXT. P8	PHOTOCOPY OF THE INTIMATION ISSUED BY THE RESPONDENT TO THE ACCOUNTS OFFICER, DPI, THIRUVANANTHAPURAM DATED 16-05-2012.

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RESPONDENT'S EXHIBIT:- NIL.

( TRUE COPY )

PA TO JUDGE.

Kvs/-

K.SURENDRA MOHAN, J

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= = = = = = = = = = = = = WP(C).No.13829 of 2012.

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= = = = = = = = = = = = =

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Dated this the 29^th June, 2012.

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J U D G M E N T

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The petitioner is an Upper Division Clerk ('U.D.Clerk' for short) in the office of the Director of Public Instructions, Thiruvananthapuram. According to him, he had borrowed an amount of ` 1,50,000/- from the respondent Bank on the security of five signed blank cheques. The amount was to be deducted from the salary of the petitioner each month. The complaint of the petitioner is that though he had offered to close the entire balance outstanding, the Bank was not ready to return the signed blank cheques handed over by him.

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Adv.Smt.I.Sheela Devi, appears for the

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respondent Bank. According to the counsel, the Bank is in possession of one cheque book of the petitioner, which they are ready to return to him, on the petitioner remitting the

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WP(C).No.13829/2012.

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entire balance amount payable by him, to the tune of ` 1,50,575/- as on today. The counsel for the petitioner submits that the petitioner is ready to pay the said amount.

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This writ petition is, therefore, disposed of with

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the following directions:-

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(i) The petitioner shall pay the said amount of ` 1,50,575/- with interest up to the date of payment to the respondent Bank.

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(ii) On receipt of such payment, the respondent Bank shall hand over to the petitioner the cheque book of the petitioner that has been deposited as security for the above loan transaction, as well as the loan agreement, if any.

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(iii) The petitioner shall deposit the entire amount in accordance with the above directions within a period of two weeks from today.

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K.SURENDRA MOHAN, (Judge)

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Kvs/-

Kripakaran.I v. the Ernakulam Dist.Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Kripakaran.I v. the Ernakulam Dist.Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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