Allowed

John Daniel v. Kaduthuruthy Regional Service Co-Operative Bank Ltd. No. 4061

Kerala HC8 Apr 2024WP(C)/12807/2024

Case brief

AI extract

What is this about?

Petitioner sought permission to repay a co-operative bank loan in 30 monthly installments. The Bank stated it had already sold and confirmed the property to itself and offered only consideration of a reconveyance representation. The Court allowed the writ, granting liberty to approach the Bank with a representation for reconveyance.

What did the court decide?

Liberty granted to petitioner to submit a reconveyance representation to the Bank within three weeks; Bank to consider it within two months; further action on property deferred meanwhile.

John Daniel Vs Kaduthuruthy Regional Service… — Banking and Recovery | Kerala HC (2024)

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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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MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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WP(C) NO. 12807 OF 2024

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PETITIONER:

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JOHN DANIEL, AGED 72 YEARS,
S/O DANIEL, NETTODIYIL HOUSE,
PALAKARA, KADUTHURUTHY,
KOTTAYAM DISTRICT, PIN – 686604.

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BY ADV KAVERY S THAMPI

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RESPONDENTS:

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1KADUTHURUTHY REGIONAL SERVICE CO-OPERATIVE
BANK LTD NO. 4061, KADUTHURUTHY P.O.,
KOTTAYAM, DISTRICT, REPRESENTED BY ITS
BRANCH MANAGER, PIN – 686604.

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2THE SPECIAL SALE OFFICER
KADUTHURUTHY REGIONAL SERVICE CO-OPERATIVE
BANK LTD NO. 4061, OFFICE OF THE CO-OPERATIVE
SOCIETIES, ASSISTANT REGISTRAR [GENERAL],
VAIKOM, KOTTAYAM DISTRICT, PIN – 688524.

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BY ADVS.

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T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12807 OF 2024

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-2-

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JUDGMENT

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The petitioner seeks that the respondent –

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Bank, be directed to allow him to discharge a
loan facility, availed off by him, in 30 equal
monthly installments.

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request of the petitioner, as made by his
learned counsel – Smt.Kavery S.Thampi, learned
Standing Counsel for the respondent – Bank,
Sri.Arjun Raghavan, submitted that the total

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outstanding in the loan account of the
petitioner, as on 06.04.2024, is 9,28,002/-; but
that the Bank has already sold the property to
itself through a legal process and has confirmed
it. He submitted that, therefore, the best
indulgence that can be given to the petitioner
is to allow him to approach the Bank with an
appropriate representation seeking reconveyance
of the property, which will then be considered

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WP(C) NO. 12807 OF 2024

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in terms of law and on such apposite conditions
as may be deemed fit.

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3.I have no doubt that this Court cannot

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grant any relief to the petitioner more than
what has been conceded to by the respondents.

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In the afore circumstances, I allow this
Writ Petition, leaving liberty to the petitioner
to approach the 1st respondent – Bank, with an
appropriate representation, making all his
claims and requests; and if this is done within
a period of three weeks from the date of receipt
of a copy of this judgment, the same shall be
considered by its competent Authority after
affording him an opportunity of being heard;
thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is
possible, but not later than two months
thereafter.

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Needless to say, until such time as the

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WP(C) NO. 12807 OF 2024

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afore is done - provided the petitioner invokes
the liberty reserved above - and the resultant
order communicated to him, all further action
with respect to the property in question shall
be deferred.

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It also goes without saying that, if the

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confirmation of the sale has not been done as at
12 p.m. today (08.04.2024), the same will be
deferred and subject to the decision to be taken

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by the Bank in terms of the afore directions.

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The liberty of the petitioner to approach

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this Court again with any fresh cause of action,
subject to the afore, is also left open.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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akv

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WP(C) NO. 12807 OF 2024

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-5-

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APPENDIX OF WP(C) 12807/2024

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PETITIONER EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE COMMUNICATION NO:
E.P NO: 1659/22 DATED 29.02.2024
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER

John Daniel v. Kaduthuruthy Regional Service Co-Operative Bank Ltd. No. 4061

Case brief

What is this about?

What did the court decide?

John Daniel v. Kaduthuruthy Regional Service Co-Operative Bank Ltd. No. 4061

Case brief

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What the court decided

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