Bank Employees Co-Operative Society ... vs Anil Kumar B.R on 31 January, 2026

2026:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR.JUSTICE BASANT BALAJI
SATURDAY, THE 315' DAY OF JANUARY 2026 / 11TH MAGHA, 1947

CON.CASE(C) NO. 2935 OF 2025
AGAINST THE JUDGMENT DATED 05.06.2024 IN WP(C) NO.42470 OF

2023 OF HIGH COURT OF KERALA

PETITIONER/PETITIONER:

BANK EMPLOYEES CO-OPERATIVE SOCIETY LIMITED NO. T-167
AGED 54 YEARS

TKV SMARAKAM, PULIMOODU THIRUVANANTHAPURAM-695001
REPRESENTED BY ITS SECRETARY, SANTHOSH KUMAR R,

S/O RAVINDRANATHAN NAIR, RESIDING AT RAJI BHAVAN,
BHAGAVATHINADA P.O, BALARAMAPURAM, THIRUVANANTHAPURAM, ,
PIN - 695510.

BY ADV SMT.KHADEEJA RISHBATH KALLINGAL

RESPONDENT/RESPONDENT :

ANIL KUMAR B.R.

AGED 56 YEARS

S/O RAMAKRISHNAN NAIR, BRAHMA. VILAS, KULANGARAKONAM,
MACHEL P.O, THIRUVANANTHAPURAM, MANAGING DIRECTOR,
PALLICHAL FARMERS SERVICE CO-OPERATIVE BANK NO. T-677,
VEDIVECHANKOVIL P.O, THIRUVANANTHAPURAM, PIN-685501,
PIN - 695571.

BY ADV SRI.C.S.MANU

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:


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2026: KER: 8289
CON.CASE(C) NO. 2935 OF 2025 2

JUDGMENT

Parties were sent to the Mediation Centre attached to the High Court of Kerala, as there was an element of settlement.

2. The Mediator has now submitted a report stating that the matter is settled between the parties and a mediation agreement under Section 89 of the Code of Civil Procedure is annexed to the report which reads as under:-

"(i) the respondent bank has offered the writ petitioner society to arrange sale of immovable properties of its consensual debtors in lieu of balance of the amount due to the petitioner society, in the same manner followed earlier.

(ii) the petitioner society in pursuance of the resolution passed by the Board of Directors in terms of discussions and deliberations among themselves, has agreed to accept the aforesaid offer made by the respondent bank, to protect the better interest of the petitioner society."

3. | have gone through the compromise and agreement. The terms are not illegal, and it is not against

the public policy.

2026:

CON.CASE(C) NO. 2935 OF 2025 3

Accepting the settlement, the Contempt Case is closed.

The Mediation Agreement shall form part of the judgment.

Sd/-

BASANT BALAJI JUDGE

Sra

2026:

CON.CASE(C) NO. 2935 OF 2025 4

APPENDIX OF CON.CASE(C) NO. 2935 OF 2025

PETITIONER'S ANNEXURES

Annexure A-1 CERTIFIED COPY OF THE JUDGMENT DATED 5-6-2024 IN WP(C) NO.42470 OF 2023 PASSED BY THIS HON'BLE COURT ALONG WITH THE MEDIATION SETTLEMENT AGREEMENT DATED 1-6-2024

Annexure A2 TRUE COPY OF THE NOTICE DATED 9-12-2024 ISSUED BY THE PETITIONER'S LAWYER ADVOCATE KHADEEJA RISHBATH TO THE RESPONDENT AND THE PRESIDENT OF THE PALLICHAL FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.T-677, VEDIVECHANKOVIL P.0O., THIRUVANANTHAPURAM, PIN-685501, ADV.M.MANIKANTAN

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HIGH COURT MEDIATION CENTRE

(2nd floor above SBI, High Court Bulfding)

EMC/Reg No. aula Dated 28 ufo

from

The Nodal Officer,

High Court Mediation Centre Ernakulam, Kochi-31, Ph:0484-2562238,

E Mail- [email protected].

To The Registrar (Judicial) High Court of Kerala, Ernakulam.

Sir,

Sub : Mediation of case referred by the Hon'ble High Court of Kerala - reg.

Ref: Referral Order'in......... COC 435, 5.10 WN PO) 4aarto|ap : dated .2'2:125... ofthe Hon'ble High Court of Kerala.

| am to forward herewith Report of the Mediator in the matter along with the enclosures for information and necessary action.

Yours Faithfully,

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Nodal Officer, High Court Mediation Gentre High Court of la.

S

Encl : 1. Report of the Mediator, Settlement Agreement.

BEFORE THE HON'BLE HIGH COURT OF KERALA

AT ERNAKULAM CONTEMPT CASE (C) No. 2935 of 2025 in WP(c) No.42470 of2023 Bank Employees C-operative : Appellant Society Limited No.T-167 Vs

Anil Kumar B.R : Respondents

REPORT SUBMITFFED BY FHE MEDIAFOR

Mediated, matter is settled.

Terms and conditions are attached herewith. Dated this the 12th day of December , 2025.

(

Adv. Latha K. Mediator High Court Mediation Centre

BEFORE THE HON'BLE HIGH COURT OF KERALA ERNAKULAM Contempt Case (Civil) No.2935/2025 in

Bank Employees Co-operative

Society Ltd. Petitioner Vs.

Pallichal Farmers Service Co-op.

Bank Ltd. : Respondent

MEMORANDUM OF AGREEMENT U/S. 89 OF CPC W/RULES 24 &25 OF ADR RULES , 2008

TERMS OF SETTLEMENT

WHEREAS the Writ Petitioner society filed the above said Writ Petition seeking a writ of mandamus directing the respondent a repay the Fixed Deposits with interest;

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i Soh LICHAL FARMER'S SERVICE S-OPERATIVE BANK LTD.NO.T.677

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AND WHEREAS several loanees of the respondent bank has committed default in repayment of the loans to the bank and such defaulting loanees who are creditors to the bank have agreed to transfer the mortgaged property/other immovable properties in favour of the nominees of the bank towards the discharge of their liability to the bank;

AND WHEREAS in the above said writ petition filed by the petitioner society ie. WP(C) No. 42470/2023 before this Hon'ble Court, the matter was referred to mediation and both parties executed a mediation agreement on 01.06.2024 and the mediator filed report before this Hon'ble Court with remarks that the matter was settled and this Hon'ble Court as per the order dated 05.01.2024 in WP (C) No. 42470/2023 directed both the petitioner society and respondent bank to act as per the terms of settlement between the parties in the Mediation Agreement which was ordered to be appended as part of the judgment;

AND WHEREAS the respondent bank has been facing acute financial crisis owing to the mass withdrawal of Fixed Deposits

by large number of depositors of the bank as a result of the

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enquiries initiated by the Co-operative Department against the bank under sections 65, 66 and the proceedings under section 32 of the Kerala Co-operative Societies Act, 1969, due to political reasons which are challenged in writ petitions filed by the bank before the Hon'ble High Court;

AND WHEREAS the respondent bank agreed to discharge the liability due to the writ petitioner Society by way of transferring immovable properties in lieu of 75% of the amount due to the writ petitioner Society and the balance 25% of the liability will be discharged by payment of the amount in cash ;

AND WHEREAS | the respondent bank arranged certain landed properties of consensual debtors, and as stipulated in the mediation agreement dated 01.06.2024, the valuation of the properties were done by the panel of valuers namely (1) Er. L. Megha Mohan, Pannel valuer of Central Board of Direct Taxes, Government of India, SBI, Federal Bank, ICICI Bank, Uco Bank, KFC, Kerala Bank etc. (2) Er. V.Ravindranathan nair, B Arch, Retired Chief Architect, PWD, Government of Kerala and Registered valuer (3) Er. S.Binu, B.Tech Arch) empanelled valuer

Managing Director __> e te

in SBI, HDFC, Kerala Bank and Central Board of Direct Taxes (Wealth Tax), Government of India and an exhaustive Legal Report was obtained from Adv. Kahadija Rishbath, a practicing lawyer, High Court of Kerala and Conveyance Deeds were executed in favour of the petitioner society vide Sale Deed No. 1813/2014 of Balaramapuram SRO, Sale Deed Nos. 3264/2024, 3265/2024, 3266/2024, 1968/2025, 1970/2025, 1969/2025 of Malayinkeezhu SRO for a total consideration of Rs.5,33,46,500/- Rupees Five Crores Thirty Three Lakhs Fourty Six Thousand and Five Hundred only), thereby discharging the liabilities of the respondent Bank as stipulated in the Mediation Agreement dated 01.06.2024;

AND WHEREAS a liability of balance amount around Rupees Two Crores is payable to the petitioner society which was agreed to the paid as cash to the petitioner society as per the Mediation Agreement dated 01.06.2024 and as the respondent bank failed to commence the payment of installments, the petitioner society has filed the above Contempt of Court Case and the same was referred again for Mediation by the Hon'ble High Court of

ABSHALLICHAL FARMER'S SERVICE ERATIVE BANK LTD.NO.T.677

AND WHEREAS the Board of Directors of the petitioner society on 28.10.2025 decided as Resolution No. 7 of 2025 that, since respondent bank is facing severe liquidity crisis and the recovery of the balance amount in cash is almost impossible, authorized its President and Secretary to proceed with proper decision to be arrived at the present ongoing Mediation Proceedings to protect the better interest of the petitioner society;

AND WHEREAS the Board of the petitioner society has also decided to develop the entire landed properties and sell the land in plots to the public /its members to enhance the liquidity of the society;

AND THIS MEDIATION AGREEMENT /SETTLEMENT WITNESSETH AS FOLLOWS:

(i) the respondent bank has offered the writ petitioner society to arrange sale of immovable properties of its consensual debtors in lieu of balance of the amount due to the petitioner society, in the same manner followed earlier.

(ii) the petitioner society in pursuance of the resolution passed by

the Board of Directors in terms of discussions and deliberations

E/PALLICHAL FARMER'S SERVICE ERATIVE BANK LTD.NO.1.677

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among themselves, has agreed to accept the aforesaid offer made by the respondent bank, to protect the better interest of the

petitioner society.

Both the parties hereby agree to complete the performance of this Mediation Agreement before 31.03.2026, at any cost.

Dated this the 12" day of January, 2026

For THE PALLICHAL FARMER'S SERVIC Balk EMPLOEES CO-OPERATIVE CO-OPERATIVE BANK LTD.NO.1.677

COUNSEL FOR THE PETITIONER COUNSEL FOR THE RESPONDENT Kaw. K an Mahood C. S. vianu M.A., LLB, D.LL se osay 1992 I No. K/344 [x @ tA 0 g| cs Manu g Associates

T-7, Ill Floor, Empire Building Old Rly Station Road, Ernakulam-682018 'Tel: 0484-4049570, Mob: 98460 33011 Fmail: [email protected]

Ths Seltlarent rs auttylictid by me.