Akbarali P vs 1. Pookkottur Service Co-Operative ...
2024 Latest Caselaw 27719 Ker

Kerala High Court

Akbarali P vs 1. Pookkottur Service Co-Operative ... on 13 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2024:KER:70059

W.P.(C) No.5187/2023
                            :1:

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

  FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946

                   WP(C) NO. 5187 OF 2023

PETITIONERS:

    1     AKBARALI P.,
          AGED 50 YEARS,
          NADUKANDI HOUSE PALLIPPADY,
          POOKKOTTUR P.O., PIN - 676517

    2     DHINOOP O.S.,
          AGED 33 YEARS,
          PUTHUMADAM HOUSE,
          PERINTHALMANNA P.O.,
          PIN - 673922

    3     SOUMYA JOSE,
          AGED 38 YEARS,
          KAVILPURAYIDATHIL HOUSE MONGAM P.O.,
          PIN - 673642

    4     MUJEEBUL RAHMAN A,
          AGED 38 YEARS,
          AKKAL HOUSE PALLIMUKKU,
          POOKKOTTUR P.O.,
          PIN - 676517

    5     ALI M.,
          AGED 40 YEARS,
          MALIYEKKAL HOUSE VELLUR P.O.,
          PIN - 676517

    6     NOUSHAD C.,
          AGED 48 YEARS,
          CHAKKINGATHODI HOUSE,
          POOKKOTTUR P.O.,
          PIN - 676517
                                           2024:KER:70059

W.P.(C) No.5187/2023
                           :2:

    7     ABDUL SHUKOOR C.,
          AGED 50 YEARS,
          CHOLAYIL HOUSE PALLIPPADI,
          POOKKOTTUR P.O., PIN - 676517


          BY ADV D.SOMASUNDARAM


RESPONDENTS:

    1     POOKKOTTUR SERVICE CO-OPERATIVE BANK LTD.
          NO.F1492
          POOKKOTTUR P.O., MALAPPURAM DIST.,
          PIN - 676517

    2     BOARD OF DIRECTORS OF THE POOKKOTTUR SERVICE
          CO-OPERATIVE BANK LTD. NO.F1492,
          POOKKOTTUR P.O., MALAPPURAM DISTRICT,
          REPRESENTED BY ITS PRESIDENT,
          PIN - 676517

    3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
          (GENERAL)
          MALAPPURAM, PIN - 676505


          BY ADV.SMT.RESMI THOMAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                2024:KER:70059

W.P.(C) No.5187/2023
                              :3:




                         JUDGMENT

Dated this the 13th day of September, 2024

It is submitted that pursuant to the directions of this

Court in W.P.(C) No.4507 of 2024, Joint Registrar has

passed an order dated 24.04.2024. The counsel for the

petitioners submits that in view of the subsequent

developments, the petitioners will have to challenge the

said order and that the petitioners may be permitted to

withdraw this writ petition with liberty to challenge the said

order.

Granting such liberty, the writ petition is dismiised

as withdrawn. All the legal issues agitated are left open.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:70059

APPENDIX OF WP(C) 5187/2023

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO.CRP(1)/9317/2016/K.DISDT. 30.11.2017 ISSUED BY THE JOINT REGISTRAR

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT REPORT

Exhibit P3 TRUE COPY OF THE RESOLUTION DT.

08.11.2022 OF THE BOARD OF DIRECTORS

Exhibit P4 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS ABOUT NORMS ACHIEVED BY THE BANK

Exhibit P5 TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR REDUCING THE CLASSIFICATION TO CLAUSE IV DATED 20.10.2022

RESPONDENTS' EXHIBITS:

Exhibit R3(a) True copy of the proceedings, Joint Registrar, Malappuram No JRMPM/1201/2024-CRP (1) /KDis dated 24-04-2024.