Thiruvalla East Co Op Bank Ltd vs Rajan Philip

Citation : 2022 Latest Caselaw 9171 Ker
Judgement Date : 1 August, 2022

Kerala High Court
Thiruvalla East Co Op Bank Ltd vs Rajan Philip on 1 August, 2022
WP(C) No.19012/2019                        1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
              Monday, the 1st day of August 2022 / 10th Sravana, 1944
                             WP(C) NO. 19012 OF 2019(B)
   PETITIONERS:

      1. THIRUVALLA EAST CO-OPERATIVE BANK LTD NO.3260, ERAVIPEROOR.P.O.,
         PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS GENERAL MANAGER
      2. THE GENERAL MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD NO.3260,
         ERAVIPEROOR.P.O., PATHANAMTHITTA DISTRICT

   RESPONDENTS:

      1. RAJAN PHILIP, KOCHILKUZHIYIL HOUSE, MALLAPPALLY WEST.P.O.,
         PATHANAMTHITTA DISTRICT-689585
      2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
         PATHANAMTHITTA-689645
      3. THE KERALA CO-OPERATIVE TRIBUNAL, UNNAMED ROAD, VANROSS, PALAYAM,
         THIRUVANANTHAPURAM-695034 REPRESENTED BY ITS SECRETARY.
      4. THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM -695024,
         REPRESENTED BY ITS SECRETARY

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation of Exhibit-P7 award and Exhibit-P9 judgment,
   pending disposal of the Writ Petition.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.SURIN GEORGE IPE, Advocate for the petitioners, SRI.S.SUBHASH CHAND,
   Advocate for R1 and of GOVERNMENT PLEADER for R2, the court passed the
   following:
 WP(C) No.19012/2019                          2/4




                           DEVAN RAMACHANDRAN, J.
                      --------------------------------------------------
              W.P.(C)Nos.15624/2020, 19012/2019, 569/2020,
          11967/2020, 17562/2020, 17582/2020, 17598/2020,
                             17615/2020 & 12837/2021
                      --------------------------------------------------
                       Dated this the 1st day of August, 2022



                                       O R D E R

The competent Authority of the Employees' Provident Fund Organization (EPFO) and the Kerala State Employees Pension Board will file their views on the report of the Controller & Accountant General (C&AG), placed before this Court along with the Memo of the learned Government Pleader dated 22.06.2022 in WP(C)No.15624/2020 by the next posting date.

As far as the Thiruvalla East Co-operative Bank Ltd is concerned, they will file a detailed plan before this Court as to how they will honour the amounts that have been found against them by the C&AG also by the next posting date.

 WP(C) No.19012/2019                                    3/4



        WPC 15624/20 & connected cases
                                                       2

               Post on 19.08.2022.




                                                             Sd/-

                                                DEVAN RAMACHANDRAN,
        RR/01.08.2022
                                                             JUDGE




01-08-2022                               /True Copy/                 Assistant Registrar
 WP(C) No.19012/2019                 4/4

                       APPENDIX OF WP(C) 19012/2019
EXHIBIT P7            TRUE COPY OF THE AWARD DATED 12.07.2018 PASSED BY THE

CO-OPERATIVE ARBITRATION COURT IN ARC NO.25/2017 EXHIBIT P9 TRUE COPY O THE JUDGMENT DATED 19.03.2019 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM IN APPEAL NO.145/2018