Kerala High Court
Leelamma Mathew vs Konni Regional Cooperative Bank Ltd on 30 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:72733
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 324 OF 2023
PETITIONERS:
1 N.K.SARAMMA
AGED 80 YEARS
W/O.LATE K.P.MATHAI, AGED 80 YEARS,
RESIDING AT TC 4/344, ARA-94,
AMBALA NAGAR ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM - 695 003
2 BINU MATHEW
S/O.N.K.SARAMMA, TC 4/344, ARA-94,
AMBALA NAGAR ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695 003
BY ADVS.
SUMAN CHAKRAVARTHY
K.R.RIJA
AMJATH A.R
RAHUL S.NATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
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2 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
2ND FLOOR, CIVIL STATION BUILDING,
THIRUVANANTHAPURAM, PIN - 695043
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD.P.O. THIRUVANANTHAPURAM - 695 014
4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
TIRUVANANTHAPURAM
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD.P.O.,THIRUVANANTHAPURAM-695014
5 BSNL ENGINEERS CO-OPERATIVE SOCIETY,
LTD NO. T.950
UPPALAM ROAD, BSNL BHAVAN,TRIVANDRUM- 695 001
REP BY ITS ADMINISTRATOR
6 A.R GOPINATHAN
(FORMER PRESIDENT),
BSNL ENGINEERS CO-OPERATIVE SOCIETY,
LTD NO T.950 RESIDING AT SREERAMANA,
CHAVARANCHI LANE, HNRA 326/A, TC 82/334,
VANCHIYOOR P O, THIRUVANANTHAPURAM
PIN - 695035
7 K V PRADEEP KUMAR
(FORMER SECRETARY) BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950 RESIDING AT GURUPRABHA,
VIVEKANANTHANAGAR VELLAYANI UKKOD,
THIRUVANANTHAPURAM -695 020
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8 MINIMOLE
(FORMER VICE PRESIDENT) BSNL ENGINEERS CO-
OPERATIVE SOCIETY, LTD NO T.950 PRESENTLY
WORKING AS DEPUTY GENERAL MANAGER(OP) O/O
GENERAL MANAGER, BSNL, NAGERCOIL BA -629 001
RESIDING AT INDIVARAM LANE, GANDHIPURAM,
SREEKARAIYAM, THIRUVANANTHAPURAM -695017
9 K MANOJ KRISHNAN
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950 PRESENTLY WORKING AS AGM,
BSNL KARNATAKA RESIDING AT SAI PRABHA,
HSLRA 29, KUMARAPURAM, MEDICAL COLLEGE P O,
THIRUVANANTHAPURAM -695 011
10 K.A. ANILKUMAR
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950 PRESENTLY WORKING AS,
DGM(RURAL), TELEPHONE EXCHANGE, PATHANAMTHITTA,
BSNL 689711, RESIDING AT KIZHAKKEKKARA VEEDU,
KOORAMPALA, PANTHALAM P O,
PATHANAMTHITTA -689501
11 PRASAD RAJ R V
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950, PRESENTLY WORKING AS SUB
DIVISIONAL MARKETING, O/O THE CGMT,
KERALA CIRCLE, BSNL 695033
RESIDING AT PRARDHANA, TC 48/1133(27),
ARAPURA, KUMARAPURAM, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM -695 011
12 S.S MAYA
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950 SREESAILAM, GNRA-10,
KURIATHI, MANAKKAD, THIRUVANANTHAPURAM
PIN - 695009
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13 P R MURTHY
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950, 6E CORDIAL CORONA,
NANTHENCODE, KAWDIAR THIRUVANANTHAPURAM
PIN - 695003
14 SOPHIAMMA THOMAS
(FORMER DIRECTOR), BSNL ENGINEERS CO-OPERATIVE
SOCIETY, LTD NO T.950, IRUPPAKATTU, C-46,
ELANGATH NAGAR, THIRUMALA P O,
THIRUVANANTHAPURAM -695 006
15 RAJEEV
SR. CLERK, BSNL ENGINEERS CO-OPERATIVE SOCIETY,
LTD NO T.950, RESIDING AT TC 85/2046,
SIVADANAM, KAITHAMUKKU,
THIRUVANANTHAPURAM -695 024
16 THE DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM
OFFICE OF THE COMMISSIONER OF POLICE,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014
17 THE STATION HOUSE OFFICER,
VANCHIYOOR POLICE STATION
VANCHIYOOR, THIRUVANANTHAPURAM- 695035
BY ADVS.
N. RAGHURAJ
BINDU R
P.N.MOHANAN
ASWINI SANKAR R. S .
K.RAMAKUMAR (SR.)(R-245)
T.RAMPRASAD UNNI(K/962/1992)
S.M.PRASANTH(K/957/1994)
T.H.ARAVIND(K/000266/2017)
C.P.SABARI(K/973/2010)
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G.RAJAGOPAL (KUMMANAM)(K/3520/1999)
SAYUJYA(K/687-E/2014)
VIVEK MENON(K/001227/2022)
PP THAJUDHEEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.09.2024, ALONG WITH WP(C).24869/2024, 31209/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 24869 OF 2024
PETITIONER:
SAINABA .P
AGED 59 YEARS
RESIDING AT SHIFNA COTTAGE, KARALIKONAM,
ELAMAD VILLAGE,ARKANNOOR P.O
KOLLAM DISTRICT, PIN - 691533
BY ADVS.
B.DIPU SACH DEEV
ARUN BABU
ANEESHRAJ R.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRATERY OF CO-OPERATION
DEPARTMENT OF KERALA
OFFICE OF THE CO-OPERATION SECTRATERY,
CO-OPERATION DEPATMENT, SECRETARIAT,
STATUE P.O. THIRUVANATHAPURAM, PIN - 695001
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2 THE EDAMULAKKAL SERVICE CO-OPERATIVE BANK LTD
NO.2047 REPRESENTED BY THE SECRETARY
THE EDAMULAKKAL SERVICE CO-OPERATIVE BANK LTD
NO.2047,ANCHAL ,ANCHAL P.O.
KOLLAM DISTRICT, PIN - 691306
3 JOINT REGISTRAR(GENERAL)
JOINT REGISTRAR OFFICE,
CO-OPERATIVE DEPARTMENT, CIVIL STATION,
CIVIL STATION .P.O, KOLLAM DISTRICT - 691013
4 ASSISTANT REGISTRAR(GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR(GENERAL),
PUNALUR,PUNAPUR P.O, KOLLAM, PIN - 691333
BY ADV. SRI.PP THAJUDHEEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, ALONG WITH WP(C).324/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 31209 OF 2024
PETITIONER:
LEELAMMA MATHEW
AGED 61 YEARS
W/O C S MATHEW, PANARA HOUSE,
KIZHAKKUPURAM, PATHANAMTHITTA, PIN - 689653
BY ADVS.
GOUTHAM KRISHNA U.B.
SUBI S BINU
RESPONDENTS:
1 KONNI REGIONAL COOPERATIVE BANK LTD
KONNI, PATHANAMTHITTA
REPRESENTED BY ITS SECRETARY, PIN - 689691
2 THE REGISTRAR OF COOPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF COOPERATIVE
SOCIETIES, THIRUVANANTHAPURAM, PIN - 695001
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BY ADV.
SRI.PP THAJUDHEEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, ALONG WITH WP(C).324/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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10
JUDGMENT
Dated this the 30th day of September, 2024
[WP(C) Nos.324 of 2023, 24869 and 31209 of 2024]
These writ petitions have been filed by the
petitioners, who have made Fixed Deposits in the respective
Co-operative Societies / Banks. Some of the petitioners have
deposits in SB Accounts also.
2. Due to various factors, the Co-operative
Societies / Banks are in financial doldrums and are not in a
position to honour Fixed Deposits on their maturity or the
cheques drawn by the petitioners to withdraw amounts from
their Savings Bank Accounts. The petitioners are therefore
before this Court seeking to direct the Societies / Banks to
release the Fixed Deposit / SB Deposit amounts to the
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petitioners forthwith.
3. The counsel for the petitioners would urge
that though a statutory remedy under Section 69 of the
Co-operative Societies Act is available to the petitioners, the
said remedy is not an efficacious alternate remedy. A Division
Bench of this Court in Gandhigram Agro Based Industrial Co-
operative Society Limited v. Marangattupilly Service Co-
operative Bank Limited and others [2019 (2) KLJ 908] has
held that a writ petition is maintainable when the
Co-operative Societies / Banks refuse to repay the amounts
deposited by members of the Society.
4. The Special Government Pleader
representing the State would contend that a Division Bench of
this Court has held in the judgment in Meenachil Rubber
Marketing and Processing Co-operative Society Limited and
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others v. The Choondachery Service Co-operative Bank
Limited No.167 and others [2018 (2) KHC 180] that a dispute
between a Society and its member relating to any transaction
connected to the Society, should be resolved through arbitral
proceedings provided under Section 69 of the Kerala Co-
operative Societies Act. A writ petition under Article 226 of the
Constitution of India is not maintainable in such commercial
transactions.
5. Be that as it may, the fact remains that the
hard earned money of the petitioners deposited with the
Co-operative Societies / Banks cannot be withdrawn now in
view of the financial condition of the Societies / Banks.
6. The Government of Kerala, taking note of the
peculiar situation in the Co-operative sector, has taken
measures to offer financial assistance to the Co-operative
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Societies for the purpose of reviving the Co-operative
Societies which are financially weaker or remain in dormant
position due to extraordinary situation.
7. The Government of Kerala, in exercise of the
powers conferred by Section 57E of the Kerala Co-operative
Societies Act, 1969, has framed the Kerala Co-operative
Revival Fund Scheme, 2024. The Scheme has been notified
as per Notification GO(P) No.168/2024/Co-op dated
29.08.2024.
8. Paragraph 4 of the Kerala Co-operative
Revival Fund Scheme, 2024 reads as follows:
4. Terms and Conditions for providing financial
assistance -
(1) A Co-operative Society registered under
the Act shall be eligible to be considered for the
benefits under this Scheme.
(2) When a Society's operations has become
sluggish due to operational inefficiencies, lack of
working capital and short-term liquidity issues, it
shall formulate a revival scheme.
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(3) Only those Co-operative Societies that are
weaker or remain dormant but viable and capable of
gaining strength shall be considered for revival.
(4) In addition to the financial assistance that
may be provided from the Scheme, societies facing
crisis are also eligible to utilize any reserve funds
they have accumulated, subject to conditions if any
specified by the Registrar.
(5) The amount sanctioned under the Scheme
shall be granted a moratorium on repayment for the
first two years. The repayment period ranges from
five to ten years. The State High Level Committee
shall be competent to determine the instalment
structure and interest rates from time to time.
(6) Application Form for availing financial
assistance from this Scheme shall be as specified
by the Registrar.
In view of the Co-operative Revival Fund Scheme, 2024, the
Co-operative Societies / Banks concerned in these writ
petitions can make appropriate application for the benefits
under the Scheme, with the aid of which the Societies / Banks
can discharge their liabilities towards the FD/SB Deposit
holders.
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9. Furthermore, the Co-operative Department,
Government of Kerala has issued GO(P) No.175/2024/Co-op
dated 03.09.2024 inserting paragraph 5A in the Kerala
Co-operative Deposit Guarantee Scheme, 2018. Paragraph
5A reads as follows:-
"5 A. Assistance to a guaranteed Society:-
(1) The Board may provide an assistance to
a guaranteed Society (not under liquidation/defunct)
as advance or loan to refund the deposits to
depositors.
(2) The application for assistance shall be
recommended by the Registrar of Co-operative
Societies and shall contain a revival package duly
certified by the Registrar of Co-operative Societies.
(3) The loan shall be repaid within a period of
maximum seven years as suggested in revival
package and recommended by Registrar of Co-
operative Societies.
(4) The interest rate of such assistance shall
be 1% in excess of fixed deposits maintained by
Kerala State Co-operative Bank from time to time.
(5) Securities and assets of the Society
concerned equivalent to the assistance sanctioned
shall be pledged to the Board as per the suggestion
in the revival package.
(6) The Director Board of Kerala Co-
operative Deposit Guarantee Fund Board shall be
the final authority to sanction the assistance.
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(7) The Board shall sanction the assistance
subject to the following conditions:-
(a) The Board shall sanction the
assistance only up to a maximum of 50% of the
total contribution collected during the previous
financial year.
(b) Application for the assistance
shall be submitted through the Registrar of Co-
operative Societies. The application and revival
package shall be scrutinized and recommended by
the District Level Committee consisting of Joint
Registrar of Co-operative Societies (General), Joint
Director of Co-operative Societies (Audit), Assistant
Registrar of Co-operative Societies (General)
concerned, and submit it to the Registrar of Co-
operative Societies and forward the same to Kerala
Co-operative Deposit Guarantee Fund Board with
proper recommendation.
(c) The application submitted by
the Society to Assistant Registrar (General)
concerned shall submit to District Level Committee
within 7 days on receipt of application. The District
Level Committee shall submit the same to the
Registrar of Co-operative Societies within 7 days.
The Kerala Co-operative Deposit Guarantee Fund
Board shall sanction the assistance within 15 days.
(d) The repayment of such
advance/loan shall begin from second year. Interest
shall be paid from 4th year. Principal amount and
the interest shall be repaid fully within the
completion of 7th year as suggested in the revival
package.
(e) The advance sanctioned by the
Board shall only be utilized for refund of deposits.
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The Board shall have the power to verify that this
condition has been duly complied with.
(f) There should be a District Level
Committee consisting of Departmental officials as
suggested in clause 7(b) including a representative
of the Kerala Co-operative Deposit Guarantee Fund
Board to evaluate the progress of revitalization
package implemented by the society once in every
three months. The review report shall also be
evaluated by the Director Board of the Board from
time to time.
(g) If the society fails to execute the
revival package the board have power to demand
immediate refund.
(h) The loan sanctioned as per the
package can be refunded fully if the society
become financially sound before the loan period.
(i) Save as otherwise provided in
clause (a) above, the Board may sanction the
assistance up to a maximum of 50% of the total
fund available in the scheme during the first year
subject to other conditions."
In view of insertion of paragraph 5A, the benefits of the Kerala
Co-operative Deposit Guarantee Scheme, 2018 can be
availed by the Co-operative Societies / Banks involved in
these writ petitions though such Societies / Banks are not
under liquidation or are not defunct.
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10. In view of the Kerala Co-operative Revival
Scheme, 2024 and in view of the amendment made to the
Kerala Co-operative Deposit Guarantee Scheme, 2018, I am
of the view that the Co-operative Societies / Banks concerned
in these writ petitions, can avail the benefit of the Schemes in
order to discharge their liability towards the petitioners in
these writ petitions.
11. These writ petitions are accordingly disposed
of with the following directions:-
(i) The Co-operative Societies / Banks
in these writ petitions are directed to prepare
a project document for revival under the
Kerala Co-operative Revival Fund Scheme,
2024 and submit the same to the State High
Level Committee through the Registrar with a
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recommendation from the District Level
Monitoring Committee. The Co-operative
Societies / Banks shall submit such Scheme
within a period of six weeks from today.
(ii) The Scheme along with the
recommendation of the District Level
Monitoring Committee should be forwarded to
the State High Level Committee through the
Registrar within a further period of four
weeks. The State High Level Committee shall
scrutinise and process the Applications and
make necessary recommendation for
sanctioning of the amount in specified
conditions.
(iii) The Societies / Banks are further
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directed to make a proposal / Scheme for
availing funds under the Kerala Co-operative
Deposit Guarantee Scheme, 2018 in
accordance with the provisions of the revised
Regulations / Scheme under G.O.(P)
No.175/2024/Co-op dated 03.09.2024. Such
proposal shall be made within a period of six
weeks.
(iv) In the meanwhile, the Societies /
Banks / Administrators / Administrative
Committees will be at liberty to recover the
amounts otherwise due to the Banks through
the ordinary means under the Kerala Co-
operative Societies Act, 1969 and the
Societies will be at liberty to repay the Fixed
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Deposits / Savings Bank Deposits to the
petitioners as per the priorities followed by
the Societies.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 324/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.10388 DATED 01.02.2019
Exhibit-P2 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 10389 DATED 01.02.2019
Exhibit-P3 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 10390 DATED 01.02.2019
Exhibit-P4 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 10391 DATED 01.02.2019
Exhibit-P5 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 14736 DATED 04.03.2021
Exhibit-P6 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 14737 DATED 04.03.2021
Exhibit-P7 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO.14739 DATED 04.03.2021
Exhibit-P8 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 14740 DATED 04.03.2021
Exhibit-P9 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT NO. 14741 DATED 04.03.2021
Exhibit-P10 A TRUE COPY OF THE FIXED DEPOSIT
RECEIPT DATED 01.05.2019 HAVING
NO.11536 RENEWED ON 01.06.2022
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Exhibit-P11 A TRUE COPY OF THE REPRESENTATION
DATED 21.12.2022 FILED BY THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit-P12 A TRUE COPY OF THE REPRESENTATION
DATED 21.12.2022 FILED BY THE 2ND
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit-P13 A TRUE COPY OF THE FIR IN CRIME
NO.1266/2022 OF VANCHIYOOR POLICE
STATION
Exhibit-P14 A TRUE COPY OF THE NEWS ITEM REPORTED
IN THE HINDU DAILY ONLINE DATED
22.12.2022
RESPONDENT EXHIBITS
EXHIBIT R10 (A) A TRUE COPY OF THE REPLY TABLED BEFORE
THE LEGISLATIVE ASSEMBLY BY THE
HON'BLE CHIEF MINISTER
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APPENDIX OF WP(C) 24869/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE FIXED DEPOSIT
CERTIFICATE DATED 2.5.2020 ISSUED BY THE
EDAMULACKAL SERVICE CO-OPERATIVE BANK
LTD NO.2047
Exhibit P2 TRUE COPY OF MEDICAL CERTIFICATE ISSUED
FROM THE TALUK HEADQUARTERS, PUNALUR
DATED 17.02.2024
Exhibit P3 TRUE COPY OF TYPED VERSION OF THE
MEDICAL CERTIFICATE ISSUED FROM THE
TALUK HEADQUARTERS, PUNALUR DATED
17.02.2024
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
16.01.2023 GIVEN TO THE 2ND RESPONDENT
BY THE PETITIONER
Exhibit P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE JOINT REGISTRAR, CO -
OPERATIVE BANK OF KOLLAM DATED
17.03.2023
Exhibit P6 TRUE COPY OF THE ORDER DATED 02.05.2023
ISSUED BY THE JOINT REGISTRAR (GENERAL)
KOLLAM
Exhibit P7 TRUE COPY OF THE REPORT PREPARED BY THE
CO-OPERATIVE BANK ASSISTANT REGISTRAR
(GENERAL) OF PUNALUR DATED 16.01.2024
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APPENDIX OF WP(C) 31209/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF FIXED DEPOSIT RECEIPT
BEARING NO 15378 DATED 16.09.2021
ISSUED BY THE 1ST RESPONDENT IN FAVOUR
OF THE PETITIONER
Exhibit P2 A TRUE COPY OF ACCOUNT STATEMENT UPTO
30.03.2024 OF THE SAVINGS ACCOUNT NO
0101005774 OF THE PETITIONER
Exhibit P3 A TRUE COPY OF REPRESENTATION MADE BY
THE PETITIONER TO THE 1ST RESPONDENT
DATED DATED 08.01.2024
Exhibit P4 A TRUE COPY OF COMPLAINT GIVEN BY THE
PETITIONER AGAINST THE 1ST RESPONDENT
TO THE 2ND RESPONDENT DATED 22.02.2024
Exhibit P5 A TRUE COPY OF REPLY GIVEN BY THE 2ND
RESPONDENT TO THE PETITIONER DATED
27.04. 2024
