High Court Kerala High Court

S.Peethambaran vs South Indian Bank on 22 December, 2010

Kerala High Court
S.Peethambaran vs South Indian Bank on 22 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2047 of 2010()


1. S.PEETHAMBARAN, AGED 60 YEARS,
                      ...  Petitioner
2. KAVITHAMOL, W/O.PEETHAMBARAN,

                        Vs



1. SOUTH INDIAN BANK, ALAPPUZHA BRANCH,
                       ...       Respondent

2. REGIONAL OFFICE, SOUTH INDIAN BANK LTD.,

3. AUTHORISED OFFICER, SOUTH INDIAN BANK

4. STATE OF KERALA, REPRESENTED BY

5. UNION OF INDIA, REPRESENTED BY

                For Petitioner  :SRI.K.C.SUDHEER

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :22/12/2010

 O R D E R
    C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
             ----------------------------------
                      W.A. No.2047 of 2010
             ---------------------------------
           Dated, this the 22nd day of December, 2010

                         J U D G M E N T

Ramachandran Nair, J.

This Writ Appeal is filed against the interim order passed

in an I.A. in a disposed of case by the learned Single Judge.

2. Writ Petition was originally disposed of granting

time to the appellants to pay the balance amount. The I.A. was

filed for extension of time. Even though the I.A. was not

allowed, as the amount was already paid, appellants’ case is

that there is still demand from the Bank, which is not payable.

Learned Standing Counsel submitted that account can be

verified and appellants can be given statement of balance

liability, if any. We feel, the matter can be settled by the

Manager himself by verifying the accounts in the presence of

appellants, who will furnish details of payments and other

materials available with them for the Bank to verify and give

WA No.2047/2010
-2-

detailed statement of liability showing amounts debited under

various heads, payments credited and balance, if any,

outstanding in the account. If the appellants have any

surviving grievance, they can approach the DRT in an appeal to

be filed against the securitisation proceedings.

In view of the above, this Writ Appeal is closed.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(BHABANI PRASAD RAY, JUDGE)

jg