Kerala High Court
Pulapally Service Co-Operative Bank ... vs P.J.Michael on 23 October, 2024
2024:KER:78995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 23 RD DAY OF OCTOBER 2024 / 1ST
KARTHIKA, 1946
WP(C) NO. 33616 OF 2019
PETITIONER/S:
1 PULAPALLY SERVICE CO-OPERATIVE BANK LTD.
NO.10153,
PULPALLY POST, WAYANAD DISTRICT, PIN - 673
579, REPRESENTED BY ITS SECRETARY.
2 THE PART TIME ADMINISTRATOR,
PULPALLY SERVICE CO-OPERATIVE BANK
LTD.NO.10153, PULPALLY POST, WAYANAD
DISTRICT, PIN- 673 579.
3 BOARD OF DIRECTORS OF THE PULPALLY SERVICE
CO-OPERATIVE BANK LTD.
NO.10153, PULPALLY L:ST, WAYANAD DISTRICT,
PIN-6-/3579, REPRESENTED BY ITS PRESIDENT IS
IMPLEADED AS PER THE ORDER DATED 02.09.2024
IN IA NO.2/2024 IN WP© 33616/2019 )
BY ADVS.
P.U.SHAILAJAN
SRI.M.SURESH KUMAR
SRI.V.SREEJITH (K/1398/2000)
SMT.VIDYA KURIAKOSE
W.P.(C) No.33616 of 2019
2024:KER:78995
-2-
RESPONDENT/S:
1 P.J.MICHAEL,
S/O.JOSEPH, PADINJAREDATH HOUSE, MULLANKOLLY
POST, PULPALLY, WAYANAD DISTRICT, PIN - 673
579.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
WAYANAD DISTRICT, KALPETTA, PIN - 673 121.
3 THE C-OPERATIVE ARBITRATION COURT (NORTHERN),
KOZHIKODE - 673 001.
4 THE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM - 695 034.
5 ADDL R5) MERCY MICHAEL
W/O. (LATE) MICHAEL, PADINJAREDATH HOUSE,
MULLENKOLLY P.O, PULPALLY, SULTHAN BATHERY,
WAYANAD DISTRICT, *( IMPLEADED AS PER THE
ORDER DATED 02.09.2024 IN IA NO.1/2024 IN WP©
33616/2019 )
6 ADDL R6) MOTHI MICHAEL
S/O. (LATE) MICHAEL, PADINJAREDATH HOUSE,
MULLENKOLLY P.O, PULPALLY, SULTHAN BATHERY,
WAYANAD DISTRICT, ( IMPLEADED AS PER THE
ORDER DATED 02.09.2024 IN IA NO.1/2024 IN WP©
33616/2019)
7 ADDL R7) MEERA MICHAEL
D/O.(LATE) MICHAEL, PADINJAREDATH HOUSE,
MULLENKOLLY P.O, PULPALLY, SULTHAN BATHERY,
WAYANAD DISTRICT; ( IMPLEADED AS PER THE
ORDER DATED 02.09.2024 IN IA NO.1/2024 IN WP©
33616/2019)
W.P.(C) No.33616 of 2019
2024:KER:78995
-3-
8 ADDL R8) MILU MICHAEL
D/O.(LATE) MICHAEL, PADINJAREDATH HOUSE,
MULLENKOLLY P.O, PULPALLY, SULTHAN BATHERY,
WAYANAD DISTRICT;( IMPLEADED AS PER THE ORDER
DATED 02.09.2024 IN IA NO.1/2024 IN WP©
33616/2019 )
BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA
MIDHUN SUDARSANAN P.
OTHER PRESENT:
SMT.SONY K.B,GP
THIS WRIT PETITION (CIVIL) HAVING BEEN
FINALLY HEARD ON 23.10.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.33616 of 2019
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JUDGMENT
Dated this the 23rd day of October, 2024
.
Both sides point out that the issue has been settled
between the parties pursuant to the compromise entered into
between them as pointed out in I.A.No.3 of 2024 dated
30.09.2024.
In the light of the above, this writ petition would stand
disposed of recording the application filed as above dated
30.09.2024.
In the light of the above compromise, Exts.P70, P72 and
P73 issued by respondents 2 to 4 would stand set aside.
Sd/-
HARISANKAR V. MENON
JUDGE
Scl/
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APPENDIX OF WP(C) 33616/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF
THE SERVICE BOOK OF THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME
NO.22/1997 REGISTERED AT THIRUNALLI
POLICE STATION DATED 25/2/1997.
EXHIBIT P3 TRUE COPY OF THE RESOLUTION NO.6
DATED 1/3/1997 OF THE BOARD OF
DIRECTORS OF THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED
1/3/1997 ISSUED BY THE THEN
PRESIDENT OF THE 1ST PETITIONER BANK
TO THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 9/6/1997 ISSUED BY THE
PRESIDENT OF THE 1ST PETITIONER BANK
TO THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED
19/8/1997 ISSUED BY THE PRESIDENT OF
THE 1ST PETITIONER BANK TO THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RESOLUTION DATED
2/8/1997 OF THE BOARD OF DIRECTORS
OF THE 1ST PETITIONER BANK.
EXHIBIT P8 TRUE COPY OF THE REPORT DATED
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5.2.1998 ENQUIRY OFFICER.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED
21/3/1998 ISSUED BY THE 1ST
PETITIONER.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED
29/6/1998 ISSUED BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE RESOLUTION DATED
27/6/1998 OF THE BOARD OF DIRECTORS
OF THE 1ST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE RESOLUTION DATED
28/12/1998 OF THE BOARD OF DIRECTORS
OF THE 1ST PETITIONER.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED
19/12/2003 IN O.P.NO.15745/2002 OF
THIS HON'BLE COURT.
EXHIBIT P14 TRUE COPY OF THE MEMO DATED
23/1/2006 ISSUED BY THE PRESIDENT OF
THE 1ST PETITIONER BANK TO THE 1ST
RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 6/2/2006 ISSUED FROM THE 1ST
PETITIONER BANK TO THE 1ST
RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE RESOLUTION DATED
17/2/2006 OF THE BOARD OF DIRECTORS
OF THE 1ST PETITIONER.
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EXHIBIT P17 TRUE COPY OF THE ORDER DATED
22/6/2007 ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), WAYANAD.
EXHIBIT P18 TRUE COPY OF THE ORDER DATED
1/12/2007, ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), WAYANAD.
EXHIBIT P19 TRUE COPY OF THE ORDER DATED
27/12/2007 ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), WAYANAD.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED
19/6/2008 ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(G) WAYANAD.
EXHIBIT P21 TRUE COPY OF THE LETTER DATED
2/6/2010 ISSUED BY THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), WAYANAD.
EXHIBIT P22 TRUE COPY OF THE REPORT SUBMITTED BY
THE SECRETARY OF THE 1ST PETITIONER
TO THE CONCURRENT AUDITOR DATED
28/7/2007.
EXHIBIT P23 TRUE COPY OF THE LETTER DATED
22/9/2007 SUBMITTED BY THE 1ST
RESPONDENT TO THE SECRETARY OF THE
BANK.
EXHIBIT P24 TRUE COPY OF THE LETTER DATED
23/9/2008 SUBMITTED BY THE 1ST
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RESPONDENT TO THE SECRETARY OF THE
BANK.
EXHIBIT P25 TRUE COPY OF THE REPORT DATED
23/9/2007 SUBMITTED BY THE SECRETARY
OF THE BANKTO THE PART TIME
ADMINISTRATOR.
EXHIBIT P26 TRUE COPY OF THE RESOLUTION DATED
24/9/2007 OF THE 2ND PETITIONER.
EXHIBIT P26 TRUE COPY OF THE SUSPENSION ORDER
DATED 24/9/2007 ISSUED TO THE 1ST
RESPONDENT FROM THE 1ST PETITIONER.
EXHIBIT P27 TRUE COPY OF THE STATEMENT GIVEN BY
THE SECRETARY OF THE 1ST PETITIONER
BEFORE THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES ON 18/1/2008.
EXHIBIT P28 TRUE COPY OF THE CHARGE AND
STATEMENT OF ALLEGATION DATED
21/2/2008 ISSUED TO THE 1ST
RESPONDENT FROM THE 1ST PETITIONER.
EXHIBIT P29 TRUE COPY OF THE RELEVANT PAGE OF
THE WORK ARRANGEMENT ORDER DATED NIL
ISSUED BY THE BANK.
EXHIBIT P30 TRUE COPY OF THE STATEMENT TAKEN
FROM V.J.KUKOSE ONE OF THE LOANEE ON
18/2/2008.
EXHIBIT P31 TRUE COPY OF THE STATEMENT OF THE
1ST RESPONDENT DATED 15/3/2008.
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EXHIBIT P32 TRUE COPY OF THE REPLY DATED
16/3/2008 SUBMITTED BY THE 1ST
RESPONDENT TO THE PART TIME
ADMINISTRATOR.
EXHIBIT P33 TRUE COPY OF THE RESOLUTION DATED
22/3/2008 OF THE PART TIME
ADMINISTRATOR OF THE BANK.
EXHIBIT P34 TRUE COPY OF THE LETTER DATED
27/3/2008 ISSUED BY THE SECRETARY OF
THE BAN TO THE ADVOCATE
T.K.PRAKASAN.
EXHIBIT P34 TRUE COPY OF THE LETTER DATED
27/3/2008 ISSUED BY THE SECRETARY OF
THE BANK TO THE 1ST RESPONDENT.
EXHIBIT P35 TRUE COPY OF THE NOTICE DATED
1/4/2008 ISSUED BY ADVOCATE
T.K.PRAKASAN TO THE SECRETARY OF THE
BANK AND OTHERS.
EXHIBIT P36 TRUE COPY OF THE NOTICE DATED
1/4/2008 ISSUED BY ADVOCATE
T.K.PRAKASAN TO THE SECRETARY OF THE
BANK.
EXHIBIT P37 TRUE COPY OF THE NOTICE DATED
1/4/2008 ISSUED BY ADVOCATE
T.K.PRAKASAN TO THE 1ST RESPONDENT.
EXHIBIT P38 TRUE COPY OF THE REQUEST DATED
15/4/2008 SUBMITTED BY THE SECRETARY
OF THE BANK TO THE ADVOCATE
T.K.PRAKASAN.
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EXHIBIT P39 TRUE COPY OF THE DEMESTIC ENQUIRY
REPORT OF T.K.PRAKASAN,ADVOCATE DATE
8/8/2008.
EXHIBIT P40 TRUE COPY OF THE NOTICE DATED
3/9/2008 ISSUED TO THE 1ST
RESPONDENT BY THE SECRETARY OF THE
BANK.
EXHIBIT P41 TRUE COPY OF THE RESOLUTION DATED
2/9/2008 OF THE PART TIME
ADMINISTRATOR.
EXHIBIT P42 TRUE COPY OF THE LETTER DATED
15/12/2009 OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES (G), WAYANAD
TO THE PART TIME ADMINISTRATOR.
EXHIBIT P43 TRUE COPY OF THE RESOLUTION DATED
15/12/2009 OF THE PART TIME
ADMINISTRATOR OF THE BANK.
EXHIBIT P44 TRUE COPY OF THE RESOLUTION DATED
15/12/2009 OF THE PART TIME
ADMINISTRATOR OF THE BANK.
EXHIBIT P45 TRUE COPY OF THE NOTICE DATED
18/12/2009 ISSUED TO THE 1ST
RESPONDENT FROM THE BANK.
EXHIBIT P46 TRUE COPY OF THE REPLY LETTER DATED
24/12/2009 OF THE 1ST RESPONDENT TO
THE PART TIME ADMINISTRATOR.
EXHIBIT P47 TRUE COPY OF THE RESOLUTION DATED
8/1/2010 OF THE PART TIME
ADMINISTRATOR OF THE BANK.
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EXHIBIT P48 TRUE COPY OF THE NOTICE DATED
8/1/2010 ISSUED BY THE BANK TO THE
1ST RESPONDENT.
EXHIBIT P49 TRUE COPY OF THE NOTICE DATED
16/1/2010 ISSUED BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P50 TRUE COPY OF THE LETTER DATED
28/1/2010 ISSUED TO THE 1ST
RESPONDENT FROM THE BANK.
EXHIBIT P51 TRUE COPY OF THE RELEVANT PAGE OF
THE PROCEEDINGS OF THE RETURNING
OFFICER DATED NIL.
EXHIBIT P52 TRUE COPY OF THE LETTER DATED
10/4/2010 ISSUED BY THE SECRETARY OF
THE BANK TO ALL THE DIRECTORS OF THE
BANK.
EXHIBIT P53 TRUE COPY OF THE RESOLUTION NO.I
DATED 19/5/2010 OF THE BANK.
EXHIBIT P54 TRUE COPY OF THE NOTICE DATED
1/7/2010 ISSUED TO THE 1ST
RESPONDENT BY THE BANK.
EXHIBIT P55 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 29/6/2010 OF THE BANK.
EXHIBIT P56 TRUE COPY OF THE RELEVANT PAGE OF
THE PROCEEDINGS OF THE SUB-COMMITTEE
OF THE BANK DATED 9/7/2010.
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EXHIBIT P57 TRUE COPY OF THE RELEVANT PAGE OF
THE PROCEEDINGS OF THE SUB-COMMITTEE
OF THE BANK DATED 12/7/2010.
EXHIBIT P58 TRUE COPY OF THE RELEVANT PAGE OF
THE PROCEEDINGS OF THE SUN-COMMITTEE
OF THE BANK DATED 22/12/2010.
EXHIBIT P59 TRUE COPY OF THE LETTER DATED
23/12/2010 ISSUED TO THE 1ST
RESPONDENT FROM THE BANK.
EXHIBIT P60 TRUE COPY OF THE RESOLUTION OF THE
SUB-COMMITTEE DATED 22/10/2010
ATTACHED WITH EXT.P59.
EXHIBIT P61 TRUE COPY OF THE APPEAL FILED BY THE
1ST RESPONDENT BEFORE THE BOARD OF
DIRECTOR OF THE BANK DATED
10/1/2011.
EXHIBIT P62 TRUE COPY OF THE RESOLUTION DATED
14/2/2011 OF THE BANK.
EXHIBIT P63 TRUE COPY OF THE DEPOSITION OF THE
1ST RESPONDENT GIVEN ON 9/3/2011.
EXHIBIT P64 TRUE COPY OF THE RESOLUTION DATED
9/3/2011 OF THE BANK.
EXHIBIT P65 TRUE COPY OF THE RESOLUTION DATED
19/3/2011 OF THE BANK.
EXHIBIT P66 TRUE COPY OF THE ARC NO.40/2012
FILED BY THE 1ST RESPONDENT BEFORE
THE 3RD RESPONDENT DATED 10/8/2012.
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EXHIBIT P67 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONERS IN ARC
NO.40/2012 DATED 12/3/2013.
EXHIBIT P68 TRUE COPY OF THE I.A.NO.67(A)/2017
IN ARC NO.40/2012 FILED BY THE
PETITIONERS BEFORE THE 3RD
RESPONDENT DATED 17/10/2017.
EXHIBIT P69 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST RESPONDENT IN
EXT.P68 DATED 28/10/2017.
EXHIBIT P70 TRUE COPY OF THE AWARD PASSED BY THE
3RD RESPONDENT DATED 27/1/2018 IN
ARC NO.40/2012.
EXHIBIT P71 TRUE COPY OF THE APPEAL MEMORANDUM
NO.25/2018 FILED BY THE PETITIONERS
BEFORE THE 4TH RESPONDENT DATED
2/4/2018.
EXHIBIT P72 TRUE COPY OF THE JUDGMENT IN APPEAL
NO.25/2018 DATED 30/7/2019 PASSED BY
THE 4TH RESPONDENT.
EXHIBIT P73 TRUE COPY OF THE ORDER OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), WAYANAD DATED 12/4/2017.
EXHIBIT P74 TRUE COPY OF THE ORDER DATED
30/7/2019 OF THE 4TH RESPONDENT IN
REVISION PETITION NO.42/2018.
EXHIBIT P75 TRUE COPY OF THE LETTER DATED
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27/9/2019 ISSUED BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P76 TRUE COPY OF THE LETTER DATED
5/10/2019 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONERS.
