Kerala High Court
J.Mariya vs The Velloor Service Co-Operative ... on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.21110 OF 2020(K)
PETITIONER:
J.MARIYA
AGED 59 YEARS
C/O.KAREEM STORES,
VADAKKETHARAYILHOUSE,VETTIKKATTUMUKKU, MIDAYIKUNNAM
P.O, PIN-686 605
BY ADVS.
SMT.MARIYAM JACOB
ANU V KUTTAN
RESPONDENTS:
1 THE VELLOOR SERVICE CO-OPERATIVE BANK LTD.NO.785
VELLOOR, KOTTAYAM-686605, REPRESENTED BY ITS
SECRETARY.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G),VAIKOM.
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), VAIKOM, VELLOOR,KOTTAYAM-686 605
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G),KOTTAYAM.
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), VELLOOR, KOTTAYM-686 605
R1 BY ADV. SRI.S.A.ANAND
OTHER PRESENT:
SR.GP BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21110 OF 2020(K)
2
JUDGMENT
Dated this the 26th day of February 2021
The grievance of the petitioner is that the amounts
received by her as retirement benefits deposited in the
first respondent Co-operative Bank evidenced by Ext.P1,
has not been repaid inspite of repeated demands. The
amount has become payable and stating various reasons,
the payment is delayed. Request was made in writing.
However, it was also declined. Hence, the petitioner has
approached his Court.
2. Heard the learned Counsel for the petitioner,
learned Standing Counsel for the Co-operative Bank and
learned Senior Government Pleader.
3. The contention of the first respondent Co-
operative Bank seems to be that about three thousand
arbitration cases have been filed against persons from
whom amounts are due to the Service Co-operative Bank.
However, there is no dispute that amounts are not due to
WP(C).No.21110 OF 2020(K)
the petitioner by virtue of Ext.P1. There is no dispute
regarding quantum and liability to pay.
3. Having considered these facts, it is evident that
there is no dispute worth adjudicating under Section 69 of
the Kerala Co-operative Societies Act, 1969. The Counsel
for the respondent pleaded for granting installments in
discharging the entire liability. However, I am inclined to
dispose of the writ petition with a direction that entire
amount covered by Ext.P1 with interest shall be released
to the petitioner in six monthly installments commencing
from first week of April 2021 onwards.
4. If the respondent Co-operative Bank makes
default in any installment, the petitioner will be free to
proceed against the Co-operative Bank in accordance with
law and recover the money.
Accordingly, the writ petition is disposed of.
Sd/-
SUNIL THOMAS
JUDGE
SKP/27-2
WP(C).No.21110 OF 2020(K)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE
FIRST RESPONDENT SHOWING THE DEPOSIT OF
AMOUNT DATED 4.12.2017.
EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
FIRST RESPONDENT DATED 3.12.2018.
EXHIBIT P3 TRUE PHOTOCOPY OF THE PROCEEDING ISSUED BY
THE THIRD RESPONDENT TO THE SECOND
RESPONDENT DATED 6.8.2018.
EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER DATED
16.11.2019 ISSUED BY THE FIRST RESPONDENT
TO THE PETITIONER.
EXHIBIT P5 TRUE PHOTOCOPY OF THE LETTER DATED
23.11.2019 ISSUED BY THE THIRD RESPONDENT
TO THE PETITIONER.
EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER DATED
29.11.2019 ISSUED TO THE FIRST RESPONDENT
BY THE PETITIONER.
EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED
26.12.2019 ISSUED BY THE SECOND RESPONDENT
TO THE PETITIONER.
RESPONDENTS'S EXHIBITS:
EXHIBIT R1A TRUE COPY OF G.O.(P) NO.121/2019/CO-OP
DATED 18/11/2019.
