Kerala High Court
Meloor Service Co-Operative Bank ... vs State Of Kerala on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 22186 OF 2021
PETITIONER:
MELOOR SERVICE CO-OPERATIVE BANK LTD., NO. R.196
HEAD OFFICE, MELOOR P.O., THRISSUR DISTRICT-680 311,
REPRESENTED BY ITS SECRETARY, SINDHU.M., AGED 46 YEARS,
W/O. RAJEEV, RESIDING AT CHONOMKUNNATH HOUSE, KINFRA
P.O., KORATTY, THRISSUR DISTRICT-680 309
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAKAKARANA BHAVAN, DPI JUNCTION, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 THE KERALA STATE RUBBER CO-OPERATIVE LTD.,
(RUBCO) REP BY ITS MANAGING DIRECTOR, 4TH FLOOR, KVR
TOWER, MAHATMA MANDIR JUNCTION, SOUTH BAZAR, KANNUR-670
002
4 THE BORAD OF DIRECTORS,
THE KERALA STATE RUBBER CO-OPERATION LTD (RUBCO) REP BY
ITS CHAIRMAN, 4TH FLOOR, KVR TOWER, MAHATMA MANDIR
JUNCTION, SOUTH BAZAR, KANNUR-670 002
W.P (C) No.22186/2021 -2-
5 THE MANAGING DIRECTOR,
THE KERALA STATE RUBBER CO-OPERATION LTD (RUBCO) , 4TH
FLOOR, KVR TOWER, MAHATMA MANDIR JUNCTION, SOUTH BAZAR,
KANNUR-670 002
BY ADV S.AJITH (PALAKKAD)
OTHER PRESENT:
SRI PP THAJUDEEN SPL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.22186/2021 -3-
JUDGMENT
The petitioner has approached this court seeking the following reliefs .
"i. to issue a writ in the nature of mandamus or any other appropriate writ
order or direction on respondents 3 to 5 directing release of amounts
covered by Exts.P7 and P8 along with accrued interest within a time frame
to be fixed by this Hon'ble Court.
ii. to issue a writ in the nature of mandamus or any other appropriate
writ order or direction, directing the 2 nd respondent to interfere into the
issue and resolve it within a time frame to be fixed by this Hon'ble Court."
2. When this matter came up for consideration today, it is the submission
of the learned counsel appearing for the 3 rd respondent that the amount of
Rs.1,63,79,099/- and accrued interest is payable to the petitioner and the 3 rd
respondent may be permitted to pay that amount in 24 equal monthly installments
commencing from 20-04-2023.
3. Accordingly, this writ petition will stand disposed of directing the that
the 3rd respondent shall pay a sum of Rs.1,63,79,099/- together with accrued
interest at the applicable rate in 24 monthly installments commencing from 20-
04-2023. Subsequent installments shall be paid on or before 20 th day of every
succeeding month. The accrued interest shall be calculated and paid along with last
installment payable in terms of the directions contained in this judgment.
Writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 22186/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LETTER NO NP(2) 54000/98 DTD 08.01.1999
ISSUED BY 2ND RESPONDENT
Exhibit P2 TRUE COPY OF RESOLUTION NO.5 DTD 13.10.2020 OF
PETITIONER
Exhibit P3 TRUE COPY OF REQUISITION LETTER DTD 13.10.2020 FROM
PETITIONER TO RESPONDENTS 3 TO 5
Exhibit P4 TRUE COPY OF REQUISITION LETTER DTD 27.02.2021 FROM
PETITIONER TO RESPONDENTS 3 TO 5
Exhibit P5 TRUE COPY OF CONFIRMATION LETTER NO.RUB/FIN-
1/HO/CON./20-2021 DTD 28.06.2021 ISSUED BY
RESPONDENT 3 TO 5
Exhibit P6 TRUE COPY OF STATEMENT OF ACCOUNT DTD 28.06.2021
ISSUED BY RESPONDENTS 3 TO 5
Exhibit P7 TRUE COPY OF FIXED DEPOSIT RECEIPT NO.08530/2018-
2019 DTD 25.04.2018
Exhibit P8 TRUE COPY OF FIXED DEPOSIT RECEIPT NO.08529/2018-
2019 DTD 27.04.2018
