Kerala High Court
Jayakumar B. Kurup vs Joint Registrar Of Co-Operative ... on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 8th day of June 2022 / 18th Jyaishta, 1944
WA NO. 943 OF 2021
AGAINST JUDGMENT DATED 7-7-2021 IN RP 795/2020 AND JUDGMENT DATED 15-10-2020 IN
WP(C) 4868/2020 OFTHIS COURT
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APPELLANT:
JAYAKUMAR B. KURUP, AGED 54 YEARS, S/O THE LATE BHASKARA KURUP,
JAYABHAVAN, EREZHA SOUTH, CHETTIKULANGARA P.O., MAVELIKKARA,
ALAPPUZHA DISTRICT, PIN-690106.
BY ADV.SRI. C.S.MANU
RESPONDENTS:
1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PECHI
ANKALAMMAN KOVIL COMPLEX, NEAR IRON BRIDGE P.O., ALAPPUZHA,
PIN-688001.
2. MAVELIKKARA TALUK CO-OPERATIVE BANK LIMITED NO.707, HEAD OFFICE,
PULIMOOD JUNCTION, MAVELIKKARA, ALLEPPY DISTRICT, PIN-690101,
REPRESENTED BY ITS SECRETARY-IN-CHARGE.
3. SECRETARY-IN-CHARGE, MAVELIKKARA TALUK CO-OPERATIVE BANK LIMITED
NO.707,HEAD OFFICE, PULIMOOD JUNCTION, MAVELIKKARA, ALLEPPY
DISTRICT, PIN-690101.
4. BOARD OF DIRECTORS, MAVELIKKARA TALUK CO-OPERATIVE BANK LIMITED
NO.707, MAVELIKKARA, PIN-690101, REPRESENTED BY ITS PRESIDENT.
5. MANAGER,MAVELIKKARA TALUK CO-OPERATIVE BANK LIMITED
NO.707,THAZHAKKARA BRANCH,ALLEPPY DISTRICT,PIN-690707.
BY SENIOR GOVERNMENT PLEADER FOR R1.
BY ADVS.M/S.B.ASHOK SHENOY, P.S.GIREESH & ARJUN R NAIK FOR R2 TO R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to refund half of the amount covered in FD's
covered by Exts-P1 to P-4 receipts, pending disposed with the W.A.
This Writ Appeal coming on for orders along with connected cases on
08/06/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
EXT.P1:TRUE COPY OF THE FIXED RECEIPT NO.008411 DATED 17.02.2014
ISSUED BY THE BANK TO THE PETITIONER.
EXT.P2:TRUE COPY OF THE FIXED RECEIPT NO.60083 DATED 23.08.2018
ISSUED BY THE BANK TO THE PETITIONER.
EXT.P3:TRUE COPY OF THE REQUEST DATED 11.04.2017
MADE BY THE PETITIONER TO THE BANK.
EXT.P4:TRUE COPY OF THE JUDGMENT DATED 27.03.2019
IN W.P.(C) NO.4749 OF 2019 ON THE FILE OF THIS HON'BLE COURT.
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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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W.A. No.943 of 2021
[arising out of the impugned order dated 07.07.2021 in R.P. No.795/2020 &
judgment dated 15.10.2020 in W.P.(C) No.4868/2020]
&
W.A. No.958 of 2021
[arising out of the impugned order dated 07.07.2021 in R.P. No.876/2020 &
judgment dated 15.10.2020 in W.P.(C) No.4969/2020]
&
W.A. No.1030 of 2021
[arising out of the impugned order dated 07.07.2021 in R.P. No.802/2020 &
judgment dated 15.10.2020 in W.P.(C) No.5612/2020]
&
W.A. No.1037 of 2021
[arising out of the impugned order dated 07.07.2021 in R.P. No.808/2020 &
judgment dated 15.10.2020 in W.P.(C) No.6559/2020]
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Dated this the 08th day of June, 2022
ORDER
Apart from the legal aspects, Sri. B. Ashok Shenoy, learned
counsel appearing for the respondent Mavelikkara Taluk Co-operative
Bank Limited, would submit on the basis of instructions that the
Registrar of Co-operative Societies is contemplating the framing of a
scheme for taking remedial measures in this matter in relation to the
financial crisis faced by the respondent Society and that a proposal for a
package scheme has been submitted by the respondent Society before
W.A. No.943, 958, 1030 & 1037 of 2021 2
the Registrar of Co-operative Societies, in response to the Registrar's
letter No.CRP(2)6384/2019 dated 27.12.2021 (produced in W.A.
No.614/2022), etc.
2. The Registrar of Co-operative Societies will immediately
furnish precise and specific instructions to the learned Senior
Government Pleader as to whether the abovesaid package scheme is
under active consideration and contemplation of the department, if so,
its present stage and whether the scheme would require the approval
of the State Government and the minimum time frame that may be
required for taking a final decision on the proposal for the said package
scheme, etc.
3. The learned Senior Government Pleader will also get
instructions on the other aspects mentioned in the order passed today
(08.06.2022) in W.A. No.614 of 2022, particularly, relating to the stage
of the criminal investigation being conducted by the Crime Branch
CID, etc.
4. Both sides submit that they may be permitted to furnish
their respective written submissions along with supportive case laws,
so that the time for oral hearing will be substantially reduced.
W.A. No.943, 958, 1030 & 1037 of 2021 3
5. Permission granted to both sides in that regard.
List on 28.06.2022.
Hand Over a copy of this order to both sides.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
Skk//08062022
08-06-2022 /True Copy/ Assistant Registrar
