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High Court of KeralaWP(C)/1766/2015disposed of

Jumaila v. The Manager, Malappuram District Co-Op.Bank Ltd

2015-01-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 1766 of 2015 (U) --------------------------- PETITIONER(S):

------------- JUMAILA AGED 45 YEARS W/O.MUHAMMED M.V, THANNEERINGAL HOUSE, VALLIKUNNU.P.O.

MALAPPURAM DISTRICT.

BY ADVS.SRI.M.T.BALAN SRI.B.JAYABAL RESPONDENT(S):

------------- THE MANAGER MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.

PARAPPANANGADI BRANCH MALAPPURAM DISTRICT. PIN-676 303.

BY ADV. SRI.ESM.KABEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1766 of 2015 (U) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS -------------------------- P1- THE TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK PROVING THE DEPOSIT.

P2- THE TRUE COPY OF THE DEMAND NOTICE DATED 19.05.14 ISSUED BY THE RESPONDENT.

P3- THE TRUE COPY OF THE PAY-IN-SLIP OF THE RESPONDENT BANK DATED 18.07.14 SHOWING REMITTANCE FOR AN AMOUNT OF RS 1 LAKH.

P4- THE TRUE COPY OF THE JUDGEMENT DATED 20.8.14 IN WPC 15685 OF 2014.

P5- THE TRUE COPY OF THE NOTICE DATED 13.9.14 ISSUED BY THE RESPONDENT TO THE PETITIONER.

P6- THE TRUE COPY OF THE PAY-IN-SLIP DATED 12.07.14 OF THE RESPONDENT BANK SHOWING REMITTANCE FOR AN AMOUNT OF RS. 1,21,444/-

A.M.SHAFFIQUE, J.

....................................................... W.P. (C ) No. 1766 of 2015 - U ....................................................... Dated this the 19th day of January, 2015

JUDGMENT

Petitioner has approached this Court challenging Ext. P5 statement given by the bank calling upon the petitioner to remit the instalments as computed by them pursuant to the directions issued by this Court in the judgment dated 20-082014 in W.P.C. No. 15685/2014. 2.

According to the learned counsel appearing for the petitioner, the amounts shown in Ext. P5 is totally incorrect as the same has been computed without referring to the payments made by her husband.

3.

If there is any dispute regarding payment, it is for the petitioner to take up the matter before the Bank and if they do not

W.P. (C ) No. 1766 of 2015 - U agree, at the time when proceedings are initiated against the petitioner under the SARFEASI Act, the petitioner can file appropriate applications under Sec. 17 of the SARFEASI Act. This Court cannot sit in judgment over the statement of accounts prepared by the Bank in this proceedings.

Accordingly, this Writ Petition is dismissed. A.M.SHAFFIQUE, JUDGE ani/