SULEKHA M.V. v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR. JUSTICE SATHISH NINAN

Judgment date: 2020-12-16

Case summary

High Court of Kerala judgment dated 2020-12-16. SULEKHA M.V. v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2020/25TH AGRAHAYANA, 1942 W. P. (C)No. 11355 OF 2020(T) PETITIONER: SULEKHA M. V. , AGED 62 YEARS, W/O. P. R SOURABHAN, ANATHANYIL HOUSE, ARACHARICKAL, MALAYALAPPUZHA, ERAM P. O, PATHANAMTHITTA DISTRICT 689 664. BY ADV. SRI. PIRAPPANCODE V. S. SUDHIR RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM 695 014. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA 689 645. 4 KUMPLAMPOIKA SERVICE CO-OPERATIVE BANK LTD NO. 352, KUMPLAMPOIKA P. O, VADASSERIKKARA P. O, PATHANAMTHITTA 689 661, REPRESENTED BY ITS SECRETARY. 5 THE KERALA CO-OPEREATIVE DEPOSIT GUARANTEE FUND BOARD, T.

C 25/1955(4), 1ST FLOOR, MANJALIKULAM Rd, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY. R4 BY ADV. SRI. SHIJU VARGHESE GOVERNMENT PLEADER, SMT. MABLE C. KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C)No. 11355 OF 2020(T) JUDGMENT The petitioner has approached this court aggrieved by the non-payment of the amounts covered under the fixed deposits receipts th belonging to the petitioner. The 4 respondent Bank has filed a counter affidavit pointing out that, the Bank is in financial constraints and further expressing the willingness to repay the amount in instalments. Considering the quantum of the amount involved and the financial crunch pointed out, this writ petition is disposed of directing the th 4 respondent to effect payment of the amounts covered under the fixed deposit receipts of the petitioner with the interest accrued thereon in W. P. (C)No.

11355 OF 2020(T) instalments of Rs. 1,00,000/- (Rupees One lakh only) per month, commencing from 07. 01. 2021. Writ petition is disposed of accordingly. Sd/- SATHISH NINAN JUDGE ss W. P. (C)No. 11355 OF 2020(T) APPENDIX PETITIONER'S/S EXHIBITS: TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 016259 DATED 01-01-2016 IN FD NO. 605/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 016260 DATED 01-01-2016 IN FD NO. 606/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 016261 DATED 01-01-2016 IN FD NO. 607/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 016262 DATED 01-01-2016 IN FD NO. 608/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO.

016257 DATED 01-01-2016 IN FD NO. 603/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 016263 DATED 01-01-2016 IN FD NO. 609/2015 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002301 DATED 07-02-2017 IN FD NO. 591/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002302 DATED 07-02-2017 IN FD NO. 592/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. EXHIBIT P9 TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002300 DATED 07-02-2017 IN FD NO. 590/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER W. P. (C)No. 11355 OF 2020(T) WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002299 DATED 07-02-2017 IN FD NO. 589/2016 FOR AN AMOUNT OF RS.

1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002298 DATED 07-02-2017 IN FD NO. 588/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002293 DATED 07-02-2017 IN FD NO. 583/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002294 DATED 07-02-2017 IN FD NO. 584/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002295 DATED 07-02-2017 IN FD NO. 585/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002296 DATED 07-02-2017 IN FD NO. 586/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO.

0002297 DATED 07-02-2017 IN FD NO. 587/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE DEPOSIT CERTIFICATE NO. 0002292 DATED 07-02-2017 IN FD NO. 582/2016 FOR AN AMOUNT OF RS. 1,00,000/- DEPOSITED BY THE PETITIONER WITH THE 4TH RESPONDENT BANK. TRUE COPY OF THE REPRESENTATION DATED 11-03- 2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT W. P. (C)No. 11355 OF 2020(T) DATED 21-05-2020 OF THE 3RD RESPONDENT DIRECTING THE 4TH RESPONDENT BANK TO TAKE STEPS TO REPAY THE FIXED DEPOSITS OF 3 PERSONS, INCLUDING THAT OF THE PETITIONER. EXHIBIT P20 TRUE COPY OF THE DEPOSIT GUARANTEED CERTIFICATE ISSUED BY THE 1ST RESPONDENT.

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.