Kerala High Court
M.V.Janardhanan Pillai vs Annamma Mathew on 1 October, 2021
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. 1940 OF 2017
AGAINST THE JUDGMENT IN WPC 27448/2017 OF HIGH COURT OF KERALA,
ERNAKULAM
PETITIONER/S:
N. PARAMESWARAN,
AGED 77 YEARS, S/O.K.NARAYANAN NAIR,RESIDING AT
PRASHANTH MALLASSERIL,THAZHAKKARA P.O., MAVELIKKARA 690
102.
BY ADVS.
SRI.M.R.HARIRAJ
SMT.G.BINDU
SRI.M.V.BALAGOPAL
SRI.P.A.KUMARAN
SMT.M.K.LEELA
SRI.K.RAJAGOPAL
RESPONDENT/S:
1 ANNAMMA MATHEW, FATHER'S NAME AND AGE NOT KNOWN TO THE
PETITIONER, SECRETARY, MAVELIKKARA TALUK CO-OPERATIVE
BANK LTD NO.707HEAD OFFICE, PULIMOOD JUNCTION,
MAVELIKKARA 690 101.
2 RASHMI NARAYANAN, FATHER'S NAME AND AGE NOT KNOWN TO
THE PETITIONER, BRANCH MANAGER, MAVELIKKARA TALUK CO-
OPERATIVE BANK,THAZHAKKARA BRANCH, THAZHAKKARA 690 102.
3 SUMAYAMMAL. K.J
THE ADMINISTRATOR, MAVELIKKARA TALUK CO OPERATIVE BANK
LTD NO.707, HEAD OFFICE, PULIMMOODU JUNCTION,
MAVELIKARA 690101 - IS IMPLEADED VIDE ORDER DATED
01/02/2018 IN IA 73/2018.
4 ADEESH CHANDRAN
THE ADMINISTRATOR,MAVELIKKARA TALUK COOPERATIVE BANK
LTD NO 707,HEAD OFFICE ,PULIMOODU JUNCTION,MAVELIKKARA-
690101IS IMPLEADED VIDE ORDER DATED 18/3/19 IN IA 3/19
5 ADDL. R5. SANTHOSH. S.,
CON.CASE(C) NOS. 1940 & 1946 OF 2017
-2-
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE
ADMINISTRATOR, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.
NO.707, HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690
101.
IS IMPLEADED VIDE ORDER DATED 18/10/2019 IN IA.2/2019.
6 SMT.ASHA SURESH
SECRETARY IN-CHARGE,
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707,
HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690101.
7 SRI.K.GOPAN
PRESIDENT,
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707,
HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690101.
------------------
ADDITIONAL R6 AND R7 ARE IMPLEADED VIDE ORDER DATED
19/02/2021 IN IA.2/2020.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.ANILKUMAR C.R.
SRI.DHEERAJ, GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH Con.Case(C).1946/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NOS. 1940 & 1946 OF 2017
-3-
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. 1946 OF 2017
AGAINST THE JUDGMENT IN WPC 27449/2017 OF HIGH COURT OF KERALA,
ERNAKULAM
PETITIONER/S:
M.V.JANARDHANAN PILLAI,
S/O.K.NARAYANAN NAIR,AGED 74 YEARS,RESIDING AT AISWARYA
MALLASSERIL,THAZHAKKARA.P.O,MAVELIKKARA-690102.
BY ADVS.
SRI.M.R.HARIRAJ
SMT.G.BINDU
SRI.M.V.BALAGOPAL
SRI.P.A.KUMARAN
SRI.K.RAJAGOPAL
RESPONDENT/S:
1 ANNAMMA MATHEW
FATHER NAME AND AGE NOT KNOWN TO THE PETITIONER
SECRETARY,MAVELIKKARA TALUK COOPERATIVE BANK
LTD.NO.707,HEAD OFFICE,PULIMOOD JUNCTION,MAVELIKKARA-
690101.
2 RASHMI NARAYANAN
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER
BRANCH MANAGER,MAVELIKKARA TALUK COOPERATIVE
BANK,THAZHAKKARA BRANCH,THAZHAKKARA-690102.
3 K.J.SUMAYAMMAL
THE ADMINISTRATOR, MAVELIKKARA TALUK CO OPERATIVE BANK
LTD NO.707, HEAD OFFICE, PULIMMOODU JUNCTION,
MAVELIKARA 690101 - IS IMPLEADED VIDE ORDER DATED
01/02/2018 IN IA 74/2018.
4 ADEESH CHANDRAN,
FATHER'S NAME AND AGE NOT KNOWN TO THE PETIITONER, THE
CON.CASE(C) NOS. 1940 & 1946 OF 2017
-4-
ADMINISTRATOR,MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.
NO.707, HEAD OFFICE, PULIMOOD JUNCITON, MAVELIKKARA -
690101.
IS IMPLEADED VIDE ORDER DATED 18.03.2019 IN IA
NO.1/2019.
5 ADDL. R5. SANTHOSH .S.,
FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE
ADMINISTRATOR, MAVELIKKARA TALUK CO-OPERATIVE BANK LTD.
NO.707, HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690
101.
IS IMPLEADED VIDE ORDER DATED 18/10/2019 IN IA.3/2019.
6 SMT.ASHA SURESH
SECRETARY IN-CHARGE,
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707,
HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690 101
7 SRI.K. GOPAN
PRESIDENT,
MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. NO.707,
HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA-690
101.-------------
ADDITIONAL R6 AND R7 ARE IMPLEADED VIDE ORDER DATED
19/02/2021 IN IA.2/2020.
BY ADVS.
SC, MAVELIKKARA TALUK CO
T.R.HARIKUMAR
SRI.B.ASHOK SHENOY
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.DR.ABHILASH O.U.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.10.2021, ALONG WITH Con.Case(C).1940/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NOS. 1940 & 1946 OF 2017
-5-
JUDGMENT
These contempt petitions are filed complaining that the directives
contained in the common judgment in W.P.(C).Nos. 27448 and 27449 of
2017, are not complied with.
2. The subject issue relates to the fixed deposit made by the petitioners
before the Mavelikkara Taluk Co-operative Bank Ltd No.707. Direction was
issued by this Court to consider any representations submitted by the
petitioners within a week from the date of receipt of a copy of the judgment,
which was directed to be considered within a week thereafter. While
disposing of the writ petitions, it was also directed that, if there are no legal
impediments standing in the way of releasing the amounts, 50% of the
amount shall be released to the petitioners forthwith and without any delay,
and the balance amount shall be released within two months thereafter.
Apparently, the bank has ran into difficulties consequent to
misappropriation of money by the erstwhile employees of the bank and
others. At one point of time, the bank was under the control of the
Administrator. Anyhow, now election was conducted and the Managing
Committee has taken charge over the bank.
3. However, learned Counsel for the bank submitted that the bank is
CON.CASE(C) NOS. 1940 & 1946 OF 2017
unable to pay its creditors due to various factors including the
misappropriation of money. However, the bank is taking efforts to pay off
the money to its creditors by evolving a proper scheme.
4.Learned Counsel for the petitioners also submitted that, some money
was paid to the petitioners also, however, large amounts are remaining due,
and submitted that the petitioners would be satisfied if their liberty is left
open to approach the bank or appropriate authorities to make their claims.
5. In that view of the matter, I do not find any reason for keeping the
contempt petitions pending before this Court. Since the learned Counsel for
the bank has submitted that a scheme is being evolved for payment, I am of
the considered opinion that the bank cannot raise any ground of limitation
against the petitioners in the matter of receipt of money as per the scheme
evolved by the bank.
With the above observations, the contempt petitions are closed.
Sd/-
SHAJI P.CHALY
JUDGE
uu
04.10.2021
CON.CASE(C) NOS. 1940 & 1946 OF 2017
APPENDIX OF CON.CASE(C) 1946/2017
PETITIONER ANNEXURE
Annexure A1 A TRUE COPY OF THE JUDGMENT DATED 24.8.2017
IN WPC 27449/2017
Annexure A2 A TRUE COPY OF THE REPRESENTATION DATED
2.9.2017
Annexure A3 A TRUE COPY OF THE REPRESENTATION DATED
21.10.2017
Annexure A4 A STATEMENT SHOWING THE PAYMENTS TO
PETITIONERS
Annexure A5 TRUE COPY OF THE PASSBOOK OF THE SB ACCOUNT
Annexure A6 TRUE COPY OF THE PASSBOOK OF THE SB ACCOUNT
Annexure A7 TRUE COPY OF ORDER NO.CRP (2) 6713/2016 (1)
DATED 9.07.2020
Annexure A8 TRUE COPY OF ORDER NO.CRP (2) 6713/2016 (2)
DATED 9.07.2020
CON.CASE(C) NOS. 1940 & 1946 OF 2017
APPENDIX OF CON.CASE(C) 1940/2017
PETITIONER ANNEXURE
Annexure A1 A TRUE COPY OF THE JUDGMENT DATED 24.8.2017
IN WPC 27448/2017
Annexure A2 A TRUE COPY OF THE REPRESENTATION DATED
2.9.2017
Annexure A3 A TRUE COPY OF THE REPRESENTATION DATED
21.10.2017
Annexure A4 TRUE COPY OF THE 17/7/2017 REPRESENTATION
SUBMITTED BY THE PETITIONER
Annexure A5 TRUE COPY OF THE 17/7/2017 REPRESENTATION
SUBMITTED BY THE V.RADHAMANI KUNJAMMA
Annexure A6 TRUE COPY OF THE NEWS REPORT OF MATHRUBHUMI
DAILY ON 14.9.2018
Annexure A7 A STATEMENT SHOWING THE PAYMENTS TO
PETITIONERS
Annexure A8 TRUE COPY OF THE LETTER NO.253/17-18 DATED
3.7.2017
Annexure A9 TRUE COPY OF THE LETTER NO.252/17-18 DATED
3.7.2017
Annexure A10 TRUE COPY OF THE PASSBOOK OF THE SB ACCOUNT
NO.SB 1437
Annexure A11 TRUE COPY OF THE PASSBOOK OF THE SB ACCOUNT
NO.SB 1449
Annexure A12 TRUE COPY OF ORDER NO.CRP (1) 6713/2016 (1)
DATED 09.07.2020
Annexure A13 TRUE COPY OF ORDER NO.CRP (2) 6713/2016 (1)
DATED 09.07.2020
