Disposed

Abdul Salam v. Koyilandy Co-Operative Agricultural and Rural Development Bank Ltd.

Kerala HC13 Mar 2019WP(C)/4637/2019

Case brief

AI extract

What is this about?

In WP(C). No. 4637 of 2019, the High Court of Kerala held that a petitioner claiming flood-induced relief for an overdue bank loan must first approach the bank before seeking writ intervention. The court directed the petitioner to approach the bank within seven days and deferred recovery action until that process concludes.

What did the court decide?

Petitioner directed to approach Bank within 7 days; recovery deferred pending outcome.

Abdul Salam Vs Koyilandy Co-Operative Agricultural and… — Banking and Recovery | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

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WP(C).No. 4637 of 2019

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PETITIONER:

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ABDUL SALAM AGED 49 YEARS

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S/O.MAMMATHU KOYA, MAYILAKATHOOTTU @ THULISSERY HOUSE, P.O.KOKKALLUR, KOZHIKODE DISTRICT - 673 612.

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BY ADVS.

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SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN

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RESPONDENT:

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KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.2020, HEAD OFFICE, BALUSSERY P.O., KOZHIKODE DISTRICT, PIN - 673 612, REPRESENTED BY ITS SECRETARY.

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SRI.JOY SANKER-SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4637 of 2019

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JUDGMENT

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The petitioner impugns Exts.P1 to P3 notices issued by the respondent-Bank intimating him that certain amounts are overdue in a loan facility, availed of by him from the said Bank. The petitioner says that he has been severely affected by the recent floods that devastated our State and he prays that the Bank be directed to give him all eligible benefits.

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Even when I hear Smt. Dhanya P. Ashokan, learned counsel for the petitioner, on the afore lines, the fact remains that the petitioner has not yet approached the Bank seeking any benefits, either under the applicable orders of the Government granting moratorium for repayment to flood affected persons or under any available or extant one time settlement schemes.

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In the afore circumstances, I am of the view that the petitioner must first approach the Bank seeking apposite reliefs

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and only thereafter would he obtain the locus to approach this Court through a writ petition.

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WP(C).No. 4637 of 2019

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In the afore circumstances, I close this writ petition without any further orders; however, leaving liberty to the petitioner to approach the respondent-Bank with an offer or representation detailing all his claims and entitlements, including under the applicable Government Orders granting moratorium to flood affected persons, within a period of seven days from the date of receipt of a copy of the judgment; in which event, the competent Authority of the Bank will consider the same, after affording an opportunity of being heard to the petitioner, and issue an appropriate order to him within a period of two weeks thereafter.

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Needless to say, until such time as the afore exercise is completed, all further action for recovery of the amounts from the petitioner will stand deferred.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

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WP(C).No. 4637 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 13/11/2018 IN LOAN NO.BHR 4465/15-16 ISSUED BY THE RESONDENT. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 13/11/2018 IN LOAN NO.BHS 3109/15-16 ISSUED BY THE RESPONDENT. EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 13/11/2018 IN LOAN NO.EHS 3143/15-16 ISSUED BY THE RESPONDENT.

Abdul Salam v. Koyilandy Co-Operative Agricultural and Rural Development Bank Ltd.

Case brief

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Abdul Salam v. Koyilandy Co-Operative Agricultural and Rural Development Bank Ltd.

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