Kerala High Court
Service Co-Operative Bank Ltd ... vs The Assistant Registrar Of ... on 12 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 35223 OF 2019
PETITIONER:
SERVICE CO-OPERATIVE BANK LTD.,
NO.F 583, ABDURAHIMAN NAGAR, P.O.ABDURAHIMAN NAGAR,
MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.
BY ADV SRI.B.S.SWATHI KUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES (G),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), TIRURANGADI, MALAPPURAM, PIN - 676 306.
2 RADHA T.,
D/O.THAMIKUTTY, KODIYADAN HOUSE, CHITHANYA, NARIPOYIL,
NILAMBOOR AMARAMBALAM P.O., MALAPPURAM - 679 332.
BY SMT.MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2021, ALONG WITH WP(C).34554/2019, 34951/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 34554 OF 2019
PETITIONER:
SREVICE CO-OPERATIVE BANK NO. F.583
ABDURAHIMAN NAGAR, P.O, ABDURAHIMAN NAGAR, MALAPPURAM
DISTRICT, REPRESENTED BY ITS SECRETARY
BY ADV SRI.B.S.SWATHI KUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G), THIRURADI, MALAPPURAM PIN-676306
2 ASHOKAN P
S/O.IMBICHIKANDAN, ABHILASH BHAVAN, CHATHAMANGALAM,
KOZHIKODE, PIN-676301
BY ADVS.
BY SMT.MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2021, ALONG WITH WP(C).35223/2019 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 34951 OF 2019
PETITIONER:
SERVICE CO-OPERATIVE BANK NO.F.583
ABDURAHIMAN NAGAR, P.O.ABDURAHIMAN NAGAR, MALAPPURAM
DISTRICT, REPRESENTED BY ITS SECRETARY.
BY ADV SRI.B.S.SWATHI KUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G), TIRURANGADI, MALAPPURAM, PIN-676 306.
2 RADHA.T.,
D/O.THAMIKUTTY, KODIYADAN HOUSE, CHAITHANYA, NARIPOYIL,
NILAMBOOR AMARAMBALAM P.O., MALAPPURAM-679 332.
BY ADVS.
BY SMT.MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER
SRI.K.M.FIROZ
SMT.M.SHAJNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2021, ALONG WITH WP(C).35223/2019 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 35242 OF 2019
PETITIONER:
SERVICE CO-OPERATIVE BANK LTD NO.F.583,
ABDURAHIMAN NAGAR, P.O.ABDURAHIMAN NAGAR, MALAPPURAM
DISTRICT, REPRESENTED BY TS SECRETARY.
BY ADV SRI.B.S.SWATHI KUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G), TIRURANGADI, MALAPPURAM, PIN-676 306.
2 ASHOKAN.P.,
S/O.IMBICHIKANDAN, ABHILASH BHAVAN, CHATHAMANGALAM,
KOZHIKODE, PIN-673 601.
BY ADVS.
BY SMT.MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2021, ALONG WITH WP(C).35223/2019 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W. P. (C) Nos.35223, 34951, 34554 &
35242 of 2019
= = = = = = = = = = = = = = = = = =
Dated this the 12th day of November, 2021
J U D G M E N T
ARCs files before the Assistant Registrar were
returned holding, lack of territorial jurisdiction. The
orders are under challenge by the petitioner-plaintiff.
The petitioner-plaintiff being common and the issue
being identical in all these writ petitions, they are
being considered and disposed of by this common
judgment.
2. Heard Sri.B.S.Swathi Kumar, on behalf of the
petitioner, Smt.Mable C. Kurian, learned Senior
Government Pleader, Sri.K.M.Firoz and Sri.Ashraf on
behalf of the respective borrowers.
3. ARC Nos.1219/2017, 1195/2017 were initiated
against Smt.Radha who is the second respondent in WPC
Nos.35223/2019 and 34951/2019. ARC Nos.1197/2017 and
1194/2017 were filed against Sri.Asokan who is the
second respondent in WPC Nos.34554/2019 and 35242/2019.
The Assistant Registrar noticed that, the properties in
W. P. (C) Nos.35223, 34951, 34554 &
35242 of 2019
respect of which Gehans were executed in favour of the
petitioner Bank are situated beyond the area of
operation of the Society, and that he does not have
territorial jurisdiction to entertain the ARCs. It is
accordingly that the plaints were returned.
4. Sri.K.M.Firoz, the learned counsel for the
second respondent raises a further contention that the
Assistant Registrar does not have pecuniary jurisdiction
to entertain the ARCs, the claims being in excess of his
pecuniary jurisdiction. The second respondent in these
writ petitions also challenge the merit of the claims.
5. The consequence of having obtained Gehan in
respect of property situated beyond the area of
operation of the Society, the jurisdiction of the
Assistant Registrar to entertain an ARC involving such
property, the nature of relief if any, that could be
granted by him, are all matters to be decided after
affording an opportunity of hearing to the plaintiff and
the defendants. Such a course having not been adopted,
it is only proper that the Assistant Registrar takes
W. P. (C) Nos.35223, 34951, 34554 &
35242 of 2019
back the ARCs on file and considers the same after
affording an opportunity of hearing to the parties.
Needless to say that the contention regarding pecuniary
jurisdiction and also on the merits of the claim are
also left open to be considered.
Accordingly the writ petitions are allowed. Ext.P2
order in the respective writ petitions are set aside.
The Assistant Registrar shall take back the ARCs on file
and pass fresh orders in the light of the observations
made above. Since notice was not served on the
defendants in the respective ARCs, and the respective
defendants have appeared before this Court, the
respective defendants are hereby put on notice that the
ARCs will stand posted before the Assistant Registrar on
07.12.2021 and that no further notice on the ARCs need
be issued to them for appearance before the Assistant
Registrar.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy// P.S. to Judge
APPENDIX OF WP(C) 34554/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN A.R.C.
NO.1197/2017 DATED 31.05.2017 FILED BEFORE
THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION
NO.AN.1023/2019(1) DATED 17.09.2019 OF THE
1ST RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R2(a) TRUE COPYOF THE IDENTITY CARD ISSUED BY THE
ELECTION COMMISSION OF INDIA.
EXHIBIT R2(b) TRUE COPY OF THE PROCEEDINGS DATED
23/09/2019.
EXHIBIT R2(c) TRUE COPY OF THE LETTER DATED 5/12/2019
ISSUED BY THE REGISTRAR OF THE KERALA STATE
HUMAN RIGHTS COMMISSION.
EXHIBIT R2(d) TRUE COPY OF THE VALUATION CERTIFICATE OF THE
VILLAGE OFFICER, CHATHAMANGALAM.
EXHIBIT R1 A A TRUE COPY OF THE BYE-LAW CLAUSE 3.
EXHIBIT R1 B A TRUE COPY OF THE FORM 8E
EXHIBIT R1 C A TRUE COPY OF THE MINUTES OF THE BANK
EXHIBIT R1 D A TRUE COPY OF THE LEGAL OPINION DATED
20/6/2012
EXHIBIT R1 E A TRUE COPY OF THE FAIR PRICE CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, CHATHAMANGALAM
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APPENDIX OF WP(C) 34951/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN ARC NO.1195/2017
DATED 31.05.2017 FILED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.AN
1023/2019(1) DATED 17.09.2019.
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF LOAN APPLICATION OF SMT.RADHA
EXHIBIT R1(B) TRUE COPY OF THE BOND DATED 21.6.2012
EXHIBIT R1(C) TRUE COPY OF THE LOAN SANCTIONING ORDER DATED
16.6.2012
EXHIBIT R1(D) TRUE COPY OF THE FORM NO 8E
EXHIBIT R1(E) TRUE COPY OF THE BYE LAW CLAUSE 3
EXHIBIT R1(F) TRUE COPY OF THE BYE LAW CLAUSE 7(C)
EXHIBIT R1(G) TRUE COPY OF THE REGISTERED NOTICES
EXHIBIT R1(H) TRUE COPY OF THE ADDITIONAL BOND DATED
21.6.2012
EXHIBIT R1(I) TRUE COPY OF THE PLAINT IN ARC FILE
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APPENDIX OF WP(C) 35242/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN ARC NO.1194/2017
DATED 31.05.2017 FILED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.AN
1023/2019(1) DATED 17.09.2019.
RESPONDENT EXHIBITS
EXHIBIT R1 A A TRUE COPY OF HE BYE-LAW CLAUSE 3
EXHIBIT R1 B A TRUE COPY OF THE FORM 8E
EXHIBIT R1 C A TRUE COPY OF THE MINUTES OF THE BANK
EXHIBIT R1 D A TRUE COPY OF THE LEGAL OPINION DATED
20.06.2012
EXHIBIT R1 E A TRUE COPY OF THE FAIR PRICE CERTIFICATE.
-----
APPENDIX OF WP(C) 35223/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN A.R.C.NO.1219/2017
DATED 30/06/2017 FILED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.AN
1023/2019(1) DATED 17/09/2019.
RESPONDENT EXHIBITS
EXHIBIT R1 A TRUE COPY OF LOAN APPLICATION.
EXHIBIT R1 A TRUE COPY OF THE BOND DATED 08/05/2013.
EXHIBIT R1 A TRUE COPY OF THE FORM 8E
EXHIBIT R1 A TRUE COPY OF THE BYE - LAW CLAUSE 3.
EXHIBIT R1 A TRUE COPY OF THE BYE-LAW CKAYSE 7(C).
EXHIBIT R1 A TRUE COPY OF THE REGISTERED NOTICES.
EXHIBIT R1 A TRUE COPY OF THE ADDITIONAL BOND.
EXHIBIT R1 A TRUE COPY OF THE PLAINT IN ARC.
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