Adv. Anil Kumar vs The Registrar Of Co Operative
2021 Latest Caselaw 4843 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                   WP(C).No.18676 OF 2020(H)


PETITIONER/S:

      1     ADV. ANIL KUMAR
            AGED 49 YEARS
            S/O. PARAMESWARAN PILLAI,
            MANI BHAVANAM, KUTTANPEROOR P.O.,
            MAVELIKKARA-689 623

      2     ADV.JAYALEKSHMI ANIL
            AGED 47 YEARS
            W/O. ANIL KUMAR,
            MANI BHAVANAM, KUTTANPEROOR P.O.,
            MAVELIKKARA-689 623

            BY ADVS.
            SRI.RINNY STEPHEN CHAMAPARAMPIL
            SMT.ASHA ELIZABETH MATHEW


RESPONDENT/S:


      1     THE REGISTRAR OF CO OPERATIVE
            SOCIETIES, OFFICE OF THE REGISTRAR OF
            CO-OPERATIVE SOCIETIES,
            THIRUVANANTHAPURAM-695 001

      2     THE JOINT REGISTRAR OF CO-OPERATIVE
            BANK LTD NO.707, OFFICE OF THE
            JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            ALAPPUZHA-691 001

      3     MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD, REP BY ITS SECRETARY,
            OFFICE OF THE MAVELIKKARA TALUK
            CO-OPERATIVE BANK LTD, PULIMOOD JUNCTION,
            MAVELIKARA P.O-690 101

      4     THE MANAGER,THAZHAKKARA BRANCH,
            MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707,
            THAZHAKKARA P.O., MAVELIKARA -690 101
 WP(C).No.18676 OF 2020(H)
                                   2

      5     THE PRESIDENT,
            MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.NO.707,
            OFFICE OF THE MAVELIKKARA TALUK CO OPERATIVE BANK
            LTD, PULIMOOD JUNCTION, MAVELIKARA P.O-690 101

            R3-5   BY   ADV. SRI.B.ASHOK SHENOY
            R3-5   BY   ADV. SRI.P.S.GIREESH
            R3-5   BY   ADV. SRI.RIYAL DEVASSY
            R3-5   BY   ADV. SHRI.ANILKUMAR C.R.
            R1 &   R2   BY SR.GP K.P.HARISH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 WP(C).No.18676 OF 2020(H)
                                 3




                          JUDGMENT

The petitioners have deposited amounts in fixed

deposit with the third respondent - Co-operative bank,

evidenced by Exts.P1 to P3 fixed deposit receipts. The

grievance of the petitioners is that in spite of maturity of

the fixed deposits, the amounts due, including interest

have not been paid.

2. Heard the learned counsel for the petitioners

and the learned counsel for the respondents. Evidently,

receipt of the fixed receipts and issuance of the fixed

deposit receipts produced as Exts.P1 to P3 are not in

dispute. The main contention set up by the petitioners

seems to be that huge amounts are due to the bank,

which are in the process of being recovered. There is

also no care that there is no contractual obligation to

return the money. In the light of above, there is no

possibility of any dispute being raised regarding the

liability. Having evaluated the divergent interest of both WP(C).No.18676 OF 2020(H)

sides, I am inclined to dispose of the Writ Petition itself,

directing that fourth respondent shall pay the amount

covered by Exts.P1 to P3 with accrued interest within a

period of six months from today. It may be paid either

in installments during the six months period

commencing from today or in a lump. In case of

default, the petitioners will be free to recover the

amounts in accordance with law.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.18676 OF 2020(H)

APPENDIX OF WP(C) 18676/2020

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE NO.0049239 PERTAINING TO FD ACC.NO.5312/2016 ISSUED BY 3RD RESPONDENT IN THE NAME OF THE 1ST PETITIONER

EXHIBIT P2 A TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE NO.0049805 PERTAINING TO FD ACC.NO.5996/2016 ISSUED BY 3RD RESPONDENT IN THE NAME OF THE 1ST PETITIONER

EXHIBIT P3 A TRUE COPY OF THE FIXED DEPOSIT CERTIFICATE NO.0034571 PERTAINING TO FD ACC.NO.4981/2015-16 ISSUED BY 3RD RESPONDENT IN THE NAME OF THE 2ND PETITIONER

EXHIBIT P4 A TRUE COPY OF THE SAVINGS BANK PASS BOOK ACC.NO.1673 ISSUED BY 3RD RESPONDENT IN THE NAME OF THE 2ND PETITIONER

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 04.09.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE SECRETARY OF THE 3RD RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 04.09.2020 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SECRETARY OF THE 3RD RESPONDENT

RESPONDENT'S/S EXHIBITS NIL