The Board Of Directors vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 5521 Ker

Kerala High Court

The Board Of Directors vs The Joint Registrar Of Co-Operative ... on 16 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                          &
                      THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
                                          &
                     THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
               Friday, the 16th day of February 2024 / 27th Magha, 1945

                                 WA NO. 745 OF 2019


    AGAINST THE JUDGMENT DATED 05.12.2018 IN WP(C)NO.727/2018, OF THIS COURT

                                        ---


APPELLANTS/PETITIONERS:


1. THE BOARD OF DIRECTORS, THE KOZHIPPALLY SERVICE CO-OPERATIVE BANK


LIMITED NO.E.167, KOZHIPPALLY P.O., KOTHAMANGALAM, ERNAKULAM


DISTRICT-686 691, REPRESENTED BY ITS PRESIDENT SRI.K.G KURIAKOSE

AND ANOTHER


BY SRI.GEORGE POONTHOTTAM (SR.) ALONGWITH M/S.NISHA GEORGE & VISHNU


B.KURUP


RESPONDENTS/RESPONDENTS:


1. THE JOINT REGISTRAR OF CO-OPERATIVES (GENERAL), OFFICE OF


THE JOINT REGISTRAR OF CO-OPERATIVES (GENERAL), KAKKANAD, ERNAKULAM


DISTRICT, PIN CODE -682 030.


AND ANOTHER.
 BY GOVERNMENT PLEADER for R1 & R2

       Prayer for interim relief in the Writ Appeal stating that in the
  circumstances stated in the appeal memorandum, the High Court be pleased
  to stay the operation of the judgment of the Learned Single Judge dated
  05.12.2018 in W.P.(C) No.727 of 2018 and the enquiry ordered as per
  Exhibit-P1, pending disposal of the writ appeal.
       This Writ Appeal again coming on for orders on 16/02/2024 upon
  perusing the appeal memorandum and this court's order dated 02/11/2022,
  the court on the same day passed the following:
          ANU SIVARAMAN & C. JAYACHANDRAN
              & C. PRATHEEP KUMAR, JJJ.
                   ==================
                         W.A. No.745 of 2019
                   ==================
              Dated this the 16th day of February, 2024

                                ORDER

Anu Sivaraman, J.

We have heard the learned counsel appearing in this matter.

2. Adv. B.S. Swathi Kumar, the learned counsel, brought an order of a

learned single Judge dated 11.12.2023 in W.P.(C).No.40794/2023

directing that the writ petition be placed before the Full Bench hearing

W.A. No.745/2019.

3. Having considered the question which arises for consideration, we

are of the opinion that the question is of general importance which will

arise in many cases where enquiries under Section 65 of the Kerala Co-

operative Societies Act are the subject matter and that any counsel who

wishes to address arguments on the point referred should be given an

opportunity to do so for the Full Bench can decide the issue appropritely.

4. The Registry shall issue due notice in the website of the High Court

notifying the Full Bench in advance and requiring counsel who wish

to argue on the point on either side to place arguments before this

Court.

Post after 3 weeks.

Sd/-

ANU SIVARAMAN, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE

Sd/-

C. PRATHEEP KUMAR, JUDGE NP

16-02-2024 /True Copy/ Assistant Registrar