Disposed

Dr.Divya v. Pattanakkad Service Co-Operative Bank LTD.NO.1144

Kerala HC17 Sept 2020WP(C)/32165/2019

Case brief

AI extract

What is this about?

In a writ petition, the Petitioner sought release of fixed deposit amounts. The Court acknowledged admitted liability but, due to the Bank's financial constraints, directed repayment in ten equal monthly instalments starting from 10.10.2020.

What did the court decide?

Ordering the Bank to repay fixed deposit amounts in ten equal monthly instalments from 10.10.2020.

Dr.Divya Vs Pattanakkad Service Co-Operative… — Contract and Commercial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE SATHISH NINAN

¶4

THURSDAY, THE 17TH DAY OF SEPTEMBER 2020/ 26TH BHADRA, 1942

¶5

W.P.(C)No.32165 OF 2019(U)

¶6

PETITIONER:

¶7

DR.DIVYA, AGED 44 YEARS, W/O.DR.PRAKASH, ADHITHYASREE, PATTANAKKAD.P.O., CHERTHALA, ALAPPUZHA.

¶8

BY ADVS. SRI.B.PRAMOD SMT.NAMITHA JYOTHISH

¶9

RESPONDENTS:

¶10

1 PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144, PATTANAKKAD.P.O., CHERTHALA, REP. BY ITS SECRETARY-688 531.

¶11

2 THE SECRETARY, PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD.NO.1144, PATTANAKKAD.P.O., CHERTHALA, ALAPPUZHA, PIN-688 531.

¶12

R1-2 BY ADV. SRI.T.R.HARIKUMAR R1-2 BY ADV. SRI.ADITHYA RAJEEV

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

W.P.(C)No.32165 OF 2019(U)

¶15

¶16

JUDGMENT

¶17

The petitioner is aggrieved by the

¶18

refusal on the part of the first respondent to release the amounts covered

¶19

under Exts.P1 to P8 fixed deposit

¶20

receipts.

¶21

2. Heard learned counsel on both

¶22

sides.

¶23

3. The genuineness of the fixed

¶24

deposit receipts in question are not disputed. The liability is admitted. The learned standing counsel for the respondent Bank prays that, in view of the financial constraints, the Bank may be permitted to effect repayment of the amounts in ten equal monthly instalments.

¶25

Accordingly, the writ petition is disposed of, directing the first

¶26

W.P.(C)No.32165 OF 2019(U)

¶27

¶28

respondent Bank to effect repayment of the amounts covered under Exts.P1 to P8 fixed deposit receipts in ten equal monthly instalments, commencing from 10.10.2020.

Sd/-

SATHISH NINAN

JUDGE

W.P.(C)No.32165 OF 2019(U)

¶34

¶35

APPENDIX

¶36

PETITIONER'S/S EXHIBITS:

¶37

EXHIBIT P1	TRUE COPY 18.2.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P2	TRUE COPY 6.2.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P3	TRUE COPY 15.7.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P4	TRUE COPY 22.6.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P5	TRUE COPY 7.3.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P6	TRUE COPY 15.7.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P7	TRUE COPY 28.8.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P8	TRUE COPY 9.1.2013.	OF THE	F.D. RECEIPT DATED
EXHIBIT P9	TRUE COPY PETITIONER	OF THE .	PASS BOOK ISSUED TO THE
EXHIBIT P10	TRUE COPY IN WPC.NO.	OF THE 22530/2	JUDGMENT DATED 26.8.2016 016.
EXHIBIT P11	TRUE COPY IN WPC.NO.	OF THE 31621/2	JUDGMENT DATED 7.10.2016 016.

Dr.Divya v. Pattanakkad Service Co-Operative Bank LTD.NO.1144

Case brief

What is this about?

What did the court decide?

Dr.Divya v. Pattanakkad Service Co-Operative Bank LTD.NO.1144

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Thiruvananthapuram Regional Co. -Operative Milk Producers Union Ltd. No.T 177(D) Apcos Vs Registrar of Dairy Co-Operative Societies/Director of Diary Development

Rathnakumari, Vs State of Kerala

P.K.Mamachan Vs Kerala State Road Transport Corporation

Kombanad Milk Producers Co-Operative Society Ltd. No E 226 (D) Apcos. Vs Deputy Director

Mylapra Service Co-Operative Bank Ltd. NO.639, Vs K.R. Aravindakshan Nair

Ameer Ali Vs Indian Oil Corporation Ltd.