G. Chandrasekharan Unnithan vs Shaji George, Joint Registrar ...
2021 Latest Caselaw 20418 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                      CON.CASE(C) NO. 2283 OF 2017

 AGAINST THE JUDGMENT DATED 09.10.2017 IN WPC 29868/2017 OF HIGH COURT

                         OF KERALA, ERNAKULAM

PETITIONER/S:

     1     G. CHANDRASEKHARAN UNNITHAN
           AGED 61 YEARS, S/O K.JANARDHANANPILLAI, 'UTHRADAM',
           VAZHUVADY, THAZHAKARA P.O., PIN - 690 102, MAVELIKKARA.
     2     B. LEELA KUMARI
           AGED 54 YEARS
           W/O/ G. CHANDRASEKHARAN UNNITHAN, 'UTHRADAM', VAZHUVADY,
           THAZHAKARA P.O., PIN - 690 102, MAVELIKKARA.
           BY ADV SRI.T.R.MADHU


RESPONDENT/S:

     1     SHAJI GEORGE,
           AGED 55 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER,
           THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE DEPARTMENT,
           ALAPPUZHA, PIN - 688 007.
     2     K.J. SUMAYAMMAL
           AGED 49 YEARS,
           FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE ASSISTANT
           REGISTRAR (CO-OPERATION)/PART TIME ADMINISTRATOR, OFFICE OF
           THE ASSISTANT REGISTRAR, MAVELIKKARA, PIN - 690 101.
     3     MAYA K. NAIR
           AGED 43 YEARS
           FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE SECRERATY IN
           CHARGE, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO. 707,
           PULIMOODU JUNCTION, MAVELIKKARA POST, ALAPPUZHA - 690 101,
           REP. BY ITS SECRETARY.
     4     ADDL. R4 TO R14 IMPLEADED:

           GOPAN KANDIYOOR
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
           MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
           BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
           POST,ALAPPUZHA-691 101.
 C.O.(C) No. 2283/2017                  :2:



     5      M.K.BIJUMON
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691101
     6      MURALI VRINDAVANAM
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101.
     7      MURALIDHARAKAIMAL
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA POST,
            ALAPPUZHA-691 101
     8      SHANAVASKHAN
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691101
     9      SAJEEV PRAYIKKARA
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA POST,
            ALAPPUZHA-691 101.
     10     ANNIE SUNNY
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101
     11     EMILY KUTTAPPAN
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101
     12     SHANTHAKUMARI .S
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101
     13     M.K.SUDHEER
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101
 C.O.(C) No. 2283/2017                    :3:



     14     M.SREEKUMAR
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,THE
            MANAGING COMMITTEE MEMBER,MAVELIKKARA TALUK CO-OPERATIVE
            BANK LTD NO.707,PULIMOODU JUNCTION,MAVELIKKARA
            POST,ALAPPUZHA-691 101
            (ADDL R4 TO R14 ARE IMPLEADED VIDE ORDER DATED 26/02/21 IN
            IA 1/21 IN COC 2283/17)
            BY ADVS.
            R1 BY SRI. DHEERAJ, GOVERNMENT PLEADER
            B.ASHOK SHENOY
            RIYAL DEVASSY
            P.S.GIREESH
            Arjun R Naik




      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION

ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 C.O.(C) No. 2283/2017                    :4:




               Dated this the 1st day of October, 2021.

                           JUDGMENT

This Contempt Case is filed by the petitioners in W.P.(C) No.

29868 of 2017 complaining that the directives contained in the

judgment dated 9th October, 2017 is not complied with.

2. The claim of the petitioners was in regard to the fixed deposit

made by them before the Mavelikkara Taluk Co-operative Bank Ltd.

No. 707. This Court has disposed of the writ petition directing the

Bank to release the fixed deposit amount with accrued interest to the

petitioners, if there are no other legal impediments standing in the

way, within six weeks from the date of receipt of a copy of the

judgment.

3. Apparently, there was misappropriation in the account of the

Bank, by which the Bank ran into financial difficulties, consequent to

which at one point of time, the administration of the Bank was taken

over by the Government and the same was administered through an

Administrator.

4. Anyhow, the learned counsel appearing for the Bank

submitted that election was conducted and the managing committee is

elected to manage the affairs of the Bank and that every effort is made

to evolve a scheme in order to pay off the creditors of the Bank. It is

also submitted that the petitioners would be at liberty to make suitable

claim before the Bank/appropriate statutory authority when the claim

is finalised.

5. The learned counsel appearing for the Bank also submitted

that the Bank will not take up the issue of limitation, since the Bank

understands that the claim of the petitioners arose from the directions

contained in the judgment in question and further that it was due to

the fault on the Bank that the creditors could not be paid. Therefore, I

do not find any reason to keep this Contempt Case pending.

Accordingly, this Contempt Case is closed, leaving open the

liberty of the petitioners to raise appropriate claims before the Bank or

any other authority on the basis of any claim framed by the Bank. I

make it clear that under no circumstances, the Bank shall object to the

claim raised by the petitioners contending that the claims are barred

by law of limitation.

sd/-

SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF CON.CASE(C) 2283/2017

PETITIONERS' ANNEXURE"

Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED 09.10.2017 IN WP(C)NO.29868/2017 Annexure A2 THE TRUE COPY OF THE LETTER DATED 01-11-2017 BY THE 1ST AND 2ND PETITIONERS.

Annexure A3 REQUESTS DATED 04-11-2017 BY THE 1ST PETITIONER. Annexure A4 REQUESTS DATED 04-11-2017 BY THE 2ND PETITIONER. Annexure A5 THE TRUE COPY OF THE LETTER NO.CRP.(2)6844/2017 JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES DATED 16-11-2017 BY THE 1ST RESPONDENT.

Annexure A6 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE 2ND PETIITIONER DATED 28.11.2017.

Annexure A7 THE TRUE COPY OF THE REMINDER LETTER BY THE 1ST PETITIONER DATED 08.12.2017 Annexure A8 TRUE COPY OF THE REMINDER LETTER DATED 08.12.2017 BY THE 2ND PETITIONER.

RESPONDENTS' ANNEXURES:

ANNEXURE R1(a): TRUE COPY OF THE STATEMENT OF ACCOUNTS RECEIVED FROM THE ADMINISTRATOR.

/True Copy/

P.S to Judge.

rv