Kerala High Court
Anto vs Thrissur Service Cooperative Bank ... on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 15393 OF 2024
PETITIONERS:
1 ANTO, AGED 53 YEARS, S/O MAROTTIKAL VAREED,
MAROTTIKAL HOUSE, PERINCHERY POST, THRISSUR
DISTRICT., PIN - 680306
2 SEENA, AGED 52 YEARS, W/O MAROTTIKKAL ANTO,
MAROTTIKAL HOUSE, PERINCHERY POST, THRISSUR
DISTRICT, PIN - 680306
3 JOHNSON, AGED 60 YEARS, S/O MAROTTIKAL VAREED,
MAROTTIKAL HOUSE, THAIKKATTUSERY POST, THRISSUR
DISTRICT., PIN - 680322
4 V.F. VARGHESE, AGED 67 YEARS, S/O VAZHAPPILLY
FRANCIS, "AATHIRA", ADAT POST, THRISSUR DISTRICT,
PIN - 680551
BY ADV P.K.RAVISANKAR
RESPONDENTS:
1 THRISSUR SERVICE COOPERATIVE BANK LIMITED NO. 1097
REPRESENTED BY ITS SECRETARY, THIRUVAMBADI POST,
THRISSUR DISTRICT, PIN - 680022
2 ARBITRATOR [ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)], THRISSUR, THRISSUR DISTRICT,
PIN - 680003
3 SPECIAL SALE OFFICER, THRISSUR SCB GROUP, OFFICE OF
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR DISTRICT, PIN - 680003
*4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THRISSUR, THRISSUR DISTRICT 680 003
(ADDL R4 IS IMPLEADED AS PER ORDER IN IA NO.1/2024
DATED 05.06.2024)
BY ADVS.
A.D.RAVINDRA PRASAD - R1
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
WPC 15393/24
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 15393/24
3
JUDGMENT
The learned counsel for the petitioners, after arguing this
matter for some time, conceded that a representation ought to
have been moved before the Joint Registrar. He added that, even
though his clients have moved multiple applications before this
Court for impleadment of the said Authority, as also for
amendment of the Writ Petition, he feels it better that this Writ
Petition be withdrawn, so as to file a fresh one incorporating all
relevant documents, pleadings and parties. He, however, prayed
that the interim order granted by this Court earlier be kept alive
for a few days more, so as to enable his client to do so without
the threat of any coercive action.
2. I find the afore request of the learned counsel for the
petitioners worth considering and record that the learned Standing
Counsel for the Bank also do not oppose it.
In the afore circumstances, I allow this Writ Petition to be
withdrawn; with liberty being reserved to the petitioners to move
a fresh one; for which purpose, the interim order granted by this
Court on 16.04.2024 will continue to be in force until 12.06.2024.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 15393/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD DATED 21-2-2022 IN
ARC NO. 428 OF 2022 ISSUED BY THE 2ND
RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE DATED 15-3-2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE AFFIDAVIT AND PETITION
DATED 30-3-2024 FILED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT IN E.P. NOS.
3267 OF 2022 AND 3307 OF 2022 TO 3315 OF
2022 IN ARC NOS. 428/2022, 2268/2022,
2269/2022, 2270/2022, 2271/2022,
2273/2022, 2274/2022, 2275/2022,
2276/2022 AND 2277/2022 RESPECTIVELY
Exhibit P4 TRUE COPY OF THE POSTAL A.D. CARD DATED
2-4-2024 WITH RESPECT TO EXHIBIT P3
Exhibit P5 TRUE COPY OF THE PETITION DATED 12-4-2024
SUBMITTED BY THE PETITIONERS BEFORE THE
ADDITIONAL 4TH RESPONDENT
Exhibit P5(a) TRUE COPY OF THE POSTAL A.D. CARD SIGNED
BY THE ADDITIONAL 4TH RESPONDENT WITH
RESPECT TO EXHIBIT P5
