Citation : 2025 Latest Caselaw 2428 Ker
Judgement Date : 15 January, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Wednesday, the 15th day of January 2025 / 25th pousha, 1946
WA NO. 1794 OF 2022
AGAINST JUDGMENT DATED 12/07/2022 IN WP(C) 34895/2019 OF THIS COURT
APPELLANT/RESPONDENT NO.2:
THE KERALA STATE CO-OPERATIVE BANK LIMITED [KERALA BANK]
P.B.NO.6515, COBANK TOWERS, PALAYAM.P.O, THIRUVANANTHAPURAM - 695
033, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ( THE AMALGMATED
BANK OF ERST WHILE DISTRICT CO-OPREATIVE BANK KOLLAM)
BY.ADV.SRI. P.C.SASIDHARAN
RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 3:
1. SARITHA P, AGED 44 YEARS, D/O. RAGHAVAN, SREENILAYAM, IVERKALA EAST
P.O, PUTHOOR VIA, KOLLAM DISTRICT 691 507.
2. SHEENA A AGED 48 YEARS W/O. RAHIM KUTTY, THARAMEL KIZHAKKATHIL,
NEERAVIL, PERINAD P.O, KOLLAM- 691601
3. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY P.S.C
OFFICE, PATTOM, THIRUVANANTHAPURAM 695 004.
BY ADVS ANIL PRASAD, GOKUL BABU S, KESHAVRAJ NAIR, PARVATHY NAIR, GAADHA
SURESH, ARUN M V FOR R2
GOVERNMENT PLEADER for R3
STANDING COUNSEL for R4
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 and implementation of the judgment in W.P.(C)
NO.34895 of 2019 dated 12.07.2022, pending the Writ appeal.
This Writ appeal again coming on for orders on 15/01/2025 upon
perusing the appeal memorandum and this court's order dated 11/12/2024,
the court on the same day passed the following:
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.A.Nos.608, 622, 637 and 853 of 2021,
W.A.Nos.1794, 1854, 1880, 1938, 1939, 1977 and 1979 of
2022, W.A.Nos.764, 1112, 1542, 1585, 1591 and 1993 of
2023
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Dated this the 15th day of January, 2025
ORDER
Anil K. Narendran, J.
Admit.
2. Respondents enter appearance through respective
counsel.
3. Admit.
4. Respondents enter appearance through respective
counsel.
5. Service of notice is complete on the 8th respondent.
6. Await return of notice on the 9th respondent.
7. Admit.
8. Respondents enter appearance through respective
counsel.
W.A.No.608 of 2021 and conne. Cases
9. C.M. Application No.1 of 2022:- The learned Standing
Counsel for the appellant bank would submit that process will be
paid on 18.01.2025 to serve notice on the 1st respondent.
10. Await return of notice.
11. C.M. Application No.1 of 2022:- The learned Standing
Counsel for the appellant Bank would submit that process will be
paid on 18.01.2025 to serve notice on the 1st respondent.
12. Await return of notice on the 1st respondent.
13. C.M. Application No.1 of 2022:- The learned Standing
Counsel for the appellant Bank would submit that process will be
paid on 18.01.2025 to serve notice on respondents 1 and 8.
14. Await return of notice on respondents 1 and 8.
15. C.M. Application No.1 of 2022:- The learned Standing
Counsel for the appellant Bank would submit that process will be
paid on 18.01.2025 to serve notice on the 4th respondent.
16. Await return of notice on the 4th respondent.
W.A.No.608 of 2021 and conne. Cases
17. Admit.
18. Respondents enter appearance through respective
counsel.
19. C.M. Application No.1 of 2022:- The learned Standing
Counsel for the appellant Bank would submit that the defect noted
by Registry in the process to serve notice on the 1st respondent is
being cured.
20. Await return of notice on the 1st respondent.
21. C.M. Application No.1 of 2022:- The learned Standing
Counsel would submit that fresh process to serve notice on
respondents 21 and 22 will be paid on 18.01.2025.
22. Issue fresh notice to the said respondents, returnable
within four weeks.
23. The learned Standing Counsel would submit that
process will be paid on 18.01.2025 to issue notice to the 1st
respondent.
24. Await return of notice on the 1st respondent.
W.A.No.608 of 2021 and conne. Cases
25. Admit.
26. Respondents enter appearance through respective
counsel.
27. The learned Standing Counsel for Kerala Co-operative
Bank takes notice for the 8th respondent.
28. Service complete.
29. C.M. Application No.1 of 2023:- The learned
Government Pleader would submit that fresh process to serve
notice on the 4th respondent will be filed on 18.01.2025.
30. Await return of notice on the 4th respondent.
31. C.M. Application No.1 of 2023:- Notice sent to the 5th
respondent returned with an endorsement 'unclaimed'.
32. The learned Government Pleader would submit that
fresh process to serve notice on the 5th respondent will be paid on
18.01.2025.
33. C.M. Application No.1 of 2023:- The learned
W.A.No.608 of 2021 and conne. Cases
Government Pleader would submit that process to serve notice on
the respondents 1 and 3 will be paid on 18.01.2025.
W.A.Nos.608, 622, 637 and 853 of 2021, W.A.Nos.1794, 1854, 1880, 1938, 1939, 1977 and 1979 of 2022, W.A.Nos.764, 1112, 1542, 1585, 1591 and 1993 of 2023
List on 17.02.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE MIN
15-01-2025 /True Copy/ Assistant Registrar
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