Abdul Karim vs The Quilon Cooperative Urban Bank ...
2022 Latest Caselaw 7732 Ker

Citation : 2022 Latest Caselaw 7732 Ker
Judgement Date : 28 June, 2022

Kerala High Court

Abdul Karim vs The Quilon Cooperative Urban Bank ... on 28 June, 2022

W.P.(C)No.2570/2022                 1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 2570 OF 2022
PETITIONERS:

     1      ABDUL KARIM,AGED 61 YEARS
            S/O.SULTHAN, RESIDING AT RAHMATH
            MANZIL,ADICHANALLOOR, KOTTIYAM P.O., KOLLAM, PIN -
            691 571.

     2      UMAIMATH,AGED 55 YEARS
            W/O.ABDUL KARIM, RESIDING AT RAHMATH MANZIL,
            ADICHANALLOOR, KOTTIYAM P.O., KOLLAM, PIN - 691 571.

            BY ADV A.JANI(KOLLAM)


RESPONDENTS:

     1      THE QUILON COOPERATIVE URBAN BANK LTD NO.960
            KOLLAM, H.O.YMCA ROAD, KOLLAM, REPRESENTED BY
            AUTHORISED OFFICER, BRANCH MANAGER, PIN - 691 001.

     2      THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
            OFFICE OF THE ASSISTANT REGISTRAR, NEAR
            COLLECTORATE, KOLLAM, PIN - 691 001.

     3      THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
            OFFICE OF THE DEPUTY REGISTRAR, NEAR COLLECTORATE,
            KOLLAM, PIN - 691 001.

     4      REGISTRAR OF COOPERATIVE SOCIETIES
            DEPARTMENT OF COOPERATION, GOVERNMENT OF KERALA,
            OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES,
            JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD
            P.O., THIRUVANANTHAPURAM, PIN - 695 014.

     5      THE STATE LEVEL BANKERS COMMITTEE(SLBC)
            KERALA, SLBC CELL, CANARA BANK, CIRCLE OFFICE,
            CANARA BANK BUILDING,M.G.ROAD, THIRUVANANTHAPURAM,
            PIN- 695 033 REPRESENTED BY CHIEF MANAGER.
 W.P.(C)No.2570/2022               2

     6      DEPUTY SECRETARY
            INDUSTRIAL DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN -695 001.

     7      THE STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

            BY ADV D.P.RENU



OTHER PRESENT:

            SRI. PAULY MATHEW MURICKEN (SC FOR R5).

            ADV. K.B. SONY (GP)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2570/2022                     3

                               JUDGMENT

After arguing for some time, the learned counsel for the petitioners

seeks permission to withdraw this writ petition with liberty to raise all

contentions before the Co-operative Arbitration Tribunal where the

appeal filed by the petitioners against the award obtained by the 1 st

respondent bank is pending consideration.

Accordingly, the writ petition is dismissed as withdrawn with the

above liberty. It is made clear that, if the petitioners intend to settle the

liability with the bank, they may approach the bank for settlement

notwithstanding the dismissal of this writ petition.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 2570/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF RECEIPTS ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 TRUE COPY OF ACCOUNT STATEMENT GIVEN BY FIRST RESPONDENT.

Exhibit P3 TRUE COPY OF THE AUDITED ACCOUNTS WITH FIRST RESPONDENT.

Exhibit P4 TRUE COPY OF PLAINT IN A.R.C.NO.511 OF 2021 PREFERRED BY WRIT PETITIONER AGAINST FIRST RESPONDENT.

Exhibit P5 TRUE COPY OF AWARD PASSED BY ASSISTANT REGISTRAR IN A.R.C.NO.511 OF 2021.

Exhibit P6 TRUE COPY OF APPEAL MEMORANDUM IN APPEAL NO.108 OF 2021 PREFERRED BY WRIT PETITIONERS AGAINST EXHIBIT P5 AWARD BEFORE THE KERALA STATE COOPERATIVE APPELLATE TRIBUNAL.

Exhibit P7 TRUE COPY OF MINUTES OF THE MEETING HELD UNDER SLBC,5TH RESPONDENT.

Exhibit P8 TRUE COPY OF MINUTES OF MEETING HELD UNDER SLBC, 5TH RESPONDENT.

Exhibit P9 TRUE COPY OF ORDER ISSUED BY INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA.

Exhibit P10 TRUE COPY OF MINUTES OF MEETING HELD UNDER SLBC, 5TH RESPONDENT.

Exhibit P11 TRUE COPY OF ONE TIME SETTLEMENT APPLICATION SUBMITTED BY FIRST WRIT PETITIONER BEFORE FIRST RESPONDENT.

Exhibit P12 TRUE COPY OF ORDER UNDER SECTION 14(1) OF THE SARFAEASI ACT ISSUED BY CHIEF JUDICIAL

MAGISTRATE COURT, KOLLAM.

Exhibit P13 TRUE COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER APPOINTED UNDER EXHIBIT P 12 TO WRIT PETITIONER.

Exhibit P14 TRUE COPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO.2922 OF 2020.

Exhibit P15 TRUE COPY OF REPRESENTATION SUBMITTED BY WRIT PETITIONER BEFORE FIRST RESPONDENT.

Exhibit P16 TRUE COPY OF REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE RESPONDENTS 3 AND

Exhibit P17 RELEVANT PAGES OF PRESS RELEASE PUBLISHED DAILY THE HINDU.

Exhibit P18 TRUE COPY OF REPRESENTATION SUBMITTED BY FIRST PETITIONER BEFORE FIRST RESPONDENT.

Exhibit P19 TRUE COPY OF APPLICATION MADE BY FIRST RESPONDENT IN MATHRUBHOOMI MALAYALAM DAILY.

RESPONDENT EXHIBITS

Exhibit R1(a) COPY OF VALUATION STATEMENT OF THE PROPERTY OBTAINED ON 27.12.2014

Exhibit R1(b) COPY OF VALUATION STATEMENT OF THE PROPERTY OBTAINED ON 16.10.2021

Exhibit R1(c) COPY OF THE NOTICE DATED 29.2.2020 TO APPEAR BEFORE THE 1ST RESPONDENT FOR A PERSONAL HEARING.

ANNEXURE A COPY OF NOTICE DATED 29.2.2020 ISSUED BY QUILON CO-OP.URBAN BANK TO THE 1ST PETITIONER

ANNEXURE D COPY OF STATEMENT REGARDING THE LOAN AVAILED AND THE RENEWALS MADE THEREON BY THE PETITIONERS AND THEIR FAMILY MEMBERS AND THE AMOUNTS DUE ON THE RESPECTIVE LOANS AS ON 31.1.2022