Kerala High Court
T.K. Benny vs The Reserve Bank Of India on 18 February, 2025
2025:KER:13754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WP(C) NO. 44884 OF 2024
PETITIONER/S:
JACOB A.I
AGED 69 YEARS
ATTAPPATTU HOUSE, MYLACOMBU P.O,
THODUPUZHA, IDUKKI DISTRICT,
PIN - 685608
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENT/S:
1 THE RESERVE BANK OF INDIA,
REPRESENTED BY ITS CHIEF GENERAL MANAGER,
CENTRAL OFFICE BUILDING,
SHAHID BHAGAT SINGH MARG,
FORT, MUMBAI, PIN - 400001
2 THE THODUPUZHA URBAN CO-OPERATIVE BANK LTD.
NO.394, REPRESENTED BY ITS GENERAL MANAGER,
URBAN BANK BUILDING, THODUPUZHA P.O,
IDDUKKI DISTRICT
PIN-, PIN - 685584
3 THE BOARD OF DIRECTORS OF THE THODUPUZHA URBAN CO-
OPERATIVE BANK LTD. NO.394,
REPRESENTED BY ITS PRESIDENT, URBAN BANK BUILDING,
THODUPUZHA P.O, IDDUKKI DISTRICT, PIN - 685584
W.P.C Nos.44877 and 44884 of 2024
2
2025:KER:13754
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
PRANOY HARILAL
AKHILA NAMBIAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.02.2025, ALONG WITH WP(C).44877/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.44877 and 44884 of 2024
3
2025:KER:13754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946
WP(C) NO. 44877 OF 2024
PETITIONER/S:
T.K. BENNY
AGED 59 YEARS
S/O.KURIAKOSE,
THANNICKAL HOUSE, GREENVALLEY HOMES,
VENGALLOOR P.O, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENT/S:
1 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS CHIEF GENERAL MANAGER,
CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH
MARG, FORT, MUMBAI, PIN - 400001
2 THE THODUPUZHA URBAN CO-OPERATIVE BANK LTD.
NO.394,
REPRESENTED BY ITS GENERAL MANAGER, URBAN BANK
BUILDING, THODUPUZHA P.O, IDDUKKI DISTRICT, PIN -
685584
W.P.C Nos.44877 and 44884 of 2024
4
2025:KER:13754
3 THE BOARD OF DIRECTORS OF THE THODUPUZHA URBAN
CO-OPERATIVE BANK LTD. NO.394
REPRESENTED BY ITS PRESIDENT, URBAN BANK
BUILDING, THODUPUZHA P.O, IDDUKKI DISTRICT,
PIN - 685584
BY ADVS.
GOPIKRISHNAN NAMBIAR M
SAJEEV KUMAR K.GOPAL
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
PRANOY HARILAL(K/931/2018)
AKHILA NAMBIAR(K/737/2021)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.02.2025, ALONG WITH WP(C).44884/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos.44877 and 44884 of 2024
5
2025:KER:13754
JUDGMENT
In both these cases, the respective petitioners have approached this Court seeking for disbursement of the Fixed Deposits made by the petitioners within a time limit prescribed by this Court.
2. It is seen from the records that, apparently, the amounts covered as per the Fixed Deposits were not released to the petitioners mainly on the reason that, certain orders were passed by the Reserve Bank of India interdicting the 2 nd respondent Bank from releasing the said deposits.
3. However, it is reported that, the learned counsel for the petitioner produced the proceedings dated 20.01.2025 of the Reserve Bank of India, wherein, the said directions are withdrawn and thus the legal impediment which stood in the way of the 2nd respondent Bank in releasing the amount is no longer in existences.
In such circumstances, these writ petitions are disposed of, W.P.C Nos.44877 and 44884 of 2024 6 2025:KER:13754 directing the 2nd respondent to release the fixed deposits of the petitioners, as required by them without any delay.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk W.P.C Nos.44877 and 44884 of 2024 7 2025:KER:13754 APPENDIX OF WP(C) 44877/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.2888 DATED 03-03-2020 Exhibit-P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.3478, DATED 25-06-2021 Exhibit-P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.3479 DATED 25-06-2021 Exhibit-P4 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO 3480 DATED 25-06-2021 Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGES OF THE SAVINGS BANK ACCOUNT PASS BOOK OF THE PETITIONER BEARING NUMBER 12542 Exhibit-P6 A TRUE COPY OF THE PROCEEDING DATED 14- 08-2024 OF THE 1ST RESPONDENT Exhibit-P7 A TRUE COPY OF THE COMMUNICATION DATED 23-08-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P8 A TRUE COPY OF THE COMMUNICATION DATED 12-09-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P9 A TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT DATED 20-01-2025 W.P.C Nos.44877 and 44884 of 2024 8 2025:KER:13754 APPENDIX OF WP(C) 44884/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.3608 DATED 03-09-2022 Exhibit-P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.3609 DATED 03-09-2022 Exhibit-P3 TRUE COPY OF THE FIXED DEPOSIT RECEIPT NO.3610 DATED 03-09-2022 Exhibit-P4 A TRUE COPY OF THE PROCEEDING DATED 14- 08-2024 ISSUED BY THE 1ST RESPONDENT Exhibit-P5 A TRUE COPY OF THE COMMUNICATION DATED 23-08-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P6 A TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT DATED 20-01-2025