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K.v.Shailaja v. the Manager, Payyanur Co-Operative Town Bank Ltd. No. C827

Kerala HC20 Oct 2021WP(C)/15512/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam, disposed of a writ petition seeking directions to two respondent banks to permit the petitioner to operate her locker and withdraw amounts covered by fixed deposit receipts. Observing the absence of interdictory orders freezing the specific assets, the court directed the banks to allow the petitioner access.

What did the court decide?

Directed the respondent banks to permit the petitioner to operate the locker and withdraw amounts covered by Ext.P4 and P5 Fixed Deposit Receipts.

K.v.Shailaja Vs the Manager, Payyanur Co-Operative Town… — Banking and Recovery | Kerala HC (2021)

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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 SATHISH NINAN

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WEDNESDAY, THE 20^TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

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WP(C) NO. 15512 OF 2021

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PETITIONER:

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K.V.SHAILAJA AGED 53 YEARS W/O. KRISHNA KUMAR, 'HARIKRISHNA', PAYYANNUR AMSOM, THAYNERI, PAYYANNUR, KANNUR DISTRICT.

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BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN

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RESPONDENTS:

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1 THE MANAGER, PAYYANUR CO-OPERATIVE TOWN BANK LTD NO. C827 HEAD OFFICE, PAYYANNUR - 670307, KANNUR DISTRICT.

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2 THE MANAGER THE PAYYANNUR URBAN CO-OPERATIVE SOCIETY LTD, NO.C 1556, HEAD OFFICE, PAYYANNUR, KANNUR DISTRICT, PIN - 670307. BY ADV MAHESH V RAMAKRISHNAN BY SMT.SHEEJA C.S., SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.15512 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 20^th day of October, 2021

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J U D G M E N T

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The petitioner seeks for a direction to the

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respondents-Banks to permit the petitioner to operate

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her locker and also to withdraw amounts covered by

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Exts.P4 and P5 Fixed Deposit Receipts.

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In the year 2017, Crime No.717/2017 was

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registered against the petitioner by Payyannur Police

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wherein the petitioner is arrayed as accused No.1. In

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connection with the investigation, the bank accounts of

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the petitioner were frozen by the police. Thereupon, the

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petitioner approached the Magistrate's Court in CMP 2818/2020 in Crime No.717/2017 seeking an order defreezing the accounts. The learned Magistrate passed

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Ext.P2 order wherein it has been observed that the

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accounts that were frozen are SB Account No.6891 with

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W. P. (C) No.15512 of 2021

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-: 2 :-

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the first respondent and Account No.1005005014800 with

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the Kannur District Co-operative Bank and yet another account with the Corporation Bank. Regarding the other accounts and locker, it was observed that, since there are no orders freezing their operation, an order for defreezing the accounts is not called for. According to the petitioner, since the locker and Exts.P4 and P5 Fixed Deposits have not been frozen, the respondents are

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bound to permit the petitioner to operate the same.

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The second respondent appears through Standing Counsel and submits that it was out of abundant caution that the petitioner was not permitted operation.

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If there are no interdictory orders, there is no reason why the petitioner should not be granted the relief sought for.

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W. P. (C) No.15512 of 2021

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-: 3 :-

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The writ petition is ordered directing that, if

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there was no interdictory orders from any authorities,

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the petitioner shall be permitted to operate the locker

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with the first respondent and Exts.P4 and P5 Fixed

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Deposits with respondents 1 and 2.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 15512/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AND NUMBERED AS CMP NO. 2818/2020
	ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR.
Exhibit P2	TRUE COPY OF THE ORDER DATED 26.04.2021 IN
	CMP NO. 2818/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR.
Exhibit P3	TRUE COPY OF THE PASSBOOK OF THE PETITIONER
	HOLDING ACCOUNT NO. 6891 OF THE 1ST RESPONDENT BANK.
Exhibit P4	TRUE COPY OF THE FIXED DEPOSIT RECEIPT FOR
	RS. 1 LAKH OF THE PETITIONER IN THE 1ST RESPONDENT BANK.
Exhibit P5	TRUE COPY OF THE FIXED DEPOSIT RECEIPT OF THE PETITIONER FOR RS.36,000/- WITH THE 2ND RESPONDENT.
Exhibit P6	TRUE COPY OF THE NOTICE DATED 20.11.2019 ISSUED BY ADVOCATE P.V. MUKUNDAN, KANHANGAD
	ON BEHALF OF THE SYNDICATE BANK, PAYYANNUR BRANCH.
Exhibit P7	TRUE COPY OF THE LETTER DATED 10.05.2021
	ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P7(A)	TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 14.05.2021.
Exhibit P8	TRUE COPY OF THE LETTER DATED 10.05.2021
	ISSUED BY THE PETITIONER TOT HE 2ND RESPONDENT.
Exhibit P8(A)	TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 17.05.2021.

K.v.Shailaja v. the Manager, Payyanur Co-Operative Town Bank Ltd. No. C827

Case brief

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K.v.Shailaja v. the Manager, Payyanur Co-Operative Town Bank Ltd. No. C827

Case brief

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