G.Francis vs Arayoor Service Co-Operative Bank Ltd

Kerala High Court

G.Francis vs Arayoor Service Co-Operative Bank Ltd on 22 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                  THE HONOURABLE MR. JUSTICE EASWARAN S.
          Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                             WA NO. 226 OF 2024
    AGAINST JUDGMENT DATED 16/01/2024 IN WP(C) 30401/2022 OF THIS COURT
APPELLANT(S)/PETITIONER:

     G.FRANCIS AGED 63 YEARS F.M.NIVAS, EANTHIKALA, ARAYOOR.P.O,
     AMARAVILA(VIA), NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695122

BY ADVS.M/S.SWATHI KUMAR B.S., ANITHA RAVINDRAN & HARISANKAR N UNNI

RESPONDENT:

  1. ARAYOOR SERVICE CO-OPERATIVE BANK LTD ARAYOOR.P.O, AMARAVILA,
     THIRUVANANTHAPURAM-695122, REPRESENTED BY ITS SECRETARY., PIN -
     695122

AND 5 OTHERS.

BY ADV.SRI.M.SASINDRAN FOR R1 & R3.

STANDING COUNSEL, SRI. THOMAS ABRAHAM FOR ADDL.R6

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the judgment in W.P.(c)No.
30401/2022 dated 16-1-2024 pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders on 22.05.2024 upon
perusing the appeal memorandum and this Court's Order dated 21.05.2024,
the court on the same day passed the following:
                       AMIT RAWAL & EASWARAN S. , JJ.
                             -------------------------
                              W.A. No.226 of 2024
                        -----------------------------------
                     Dated this the 22nd day of May 2024
                                     ORDER

AMIT RAWAL, J.

Mr. Syam, representing Mr. M.Sasindran, on the last date of the hearing, was directed to file an affidavit to show the amount lying in the bank. There is a categoric assertion in the petition by the learned counsel representing the appellant/petitioner that crores of rupees are lying in the Kerla Bank. The details given by the counsel for the respondents to the learned counsel for the appellant/petitioner lack the particulars of such fact.

We direct the learned counsel appearing on behalf of the respondent bank to file an affidavit by 24.5.2024.

List this matter on 27.05.2024. It is made clear that if the affidavit is not filed, the Court will be constrained to take strict action against the members of the Managing Committee.

Sd/-

AMIT RAWAL, JUDGE Sd/-

EASWARAN S., JUDGE NS 22-05-2024 /True Copy/ Assistant Registrar