Allowed

Mulavoor Urban Co-Operative Societies Ltd. NO.E-1068 v. Ernakulam District Co-Operative Bank

Kerala HC16 Aug 2012WP(C)/9539/2012

Case brief

AI extract

What is this about?

The petitioner, a cooperative society, sought affiliation and a membership certificate from the respondent bank after affiliation was deemed or granted. The court directed the bank to issue the affiliation and membership certificates within one month.

What did the court decide?

Directed the first respondent to issue the affiliation and membership certificate to the petitioner society within one month of the date of receipt of a copy of this judgment.

Mulavoor Urban Co-Operative Societies Ltd. NO.E-1068… — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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THURSDAY, THE 16TH DAY OF AUGUST 2012/25TH SRAVANA 1934

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WP(C).No. 9539 OF 2012 (N)

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PETITIONER(S):

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MULAVOOR URBAN CO-OPERATIVE SOCIETIES LTD. NO.E-1068, AGED 48 YEARS, MULAVOOR P.O., MUVATTUPUZHA REPRESENTED BY ITS PRESIDENT, P.M.ASSIES.

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BY ADVS.SRI.P.V.BABY

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SRI.A.N.SANTHOSH

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RESPONDENT(S):

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1. ERNAKULAM DISTRICT CO-OPERATIVE BANK KAKKANAD, ERNAKULAM REPRESENTED BY ITS GENERAL MANAGER-682030.

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2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM-682016.

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BY SPECIAL GOVERNMENT PLEADER SRI.SOMASUNDARAN BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BKA

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WP(C).No. 9539 OF 2012 (N)

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APPENDIX

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PETITIONER'(S) EXHIBITS:

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EXT.P1:	A TRUE PHOTOCOPY	OF INTIMATION ISSUED BY THE 1ST RESPONDENT
	TO THE PETITONER	SOCIETY GRANTING AFFILIATION.
EXT.P2:	A TRUE PHOTOCOPY THE 1ST RESPONDEN	OF THE RECEIPT DATED 04-04-2006 ISSUED BY T.
EXT.P3:	A TRUE PHOTOCOPY THE 1ST RESPONDEN	OF THE RECEIPT DATED 13-12-2007 ISSUED BY T.

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RESPONDENT'(S) EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE

BKA

K.SURENDRA MOHAN,J. --------------------------------------------WP(C).No.9539 of 2012

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Dated this the 22^nd day of August, 2012

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J U D G M E N T

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The short grievance of the petitioner in this case is regarding the delay in grant of affiliation to the petitioner by the first respondent. The petitioner is a co-operative society registered under the provisions of the Kerala Cooperative Societies Act, 1969 (hereinafter refers to as 'the Act' for short) and the Rules thereunder. The petitioner has applied for affiliation and for membership within the first respondent Bank in accordance with Section 8A of the Act. As per Ext.P1, the first respondent Bank also decided to grant the affiliation that was sought for. Ext.P1 was thereafter intimated to the petitioner. Therefore, the petitioner remitted the share value to the first respondent. However, the petitioner complains that a membership certificate has not been issued so far. The

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W.P.(C)No.9539 of 2012

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: 2 :

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affiliation certificate is also not issued by the Bank. In spite of the fact that an overdraft loan has already been granted to the petitioner society on 17.07.2008 as per loan a/c No.401 of 2012. The petitioner therefore seeks the issue of appropriate directions for the grant of affiliation certificate and membership certificate.

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I have heard the learned Government Pleader

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as well as the counsel for the first respondent Smt.I.Sheeladevi.

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In view of the provision contained in Section 8A of the act, if affiliation is not granted for a period of sixty days after receipt of an application seeking such affiliation, the same would be deemed to have been granted. Construing the above provisions, this Court has held in the decision reported in Sivadasan Nair v. Registrar 2009(2) KLT S N 10 (case No.13) that the grant of affiliation is automatic. Therefore, even if affiliation has not been granted, the position is that the same would be deemed to have been granted on the

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W.P.(C)No.9539 of 2012

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: 3 :

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expiry of the statutory period that has been stipulated by Section 8A. However in the present case, the first respondent bank has as per Ext.P1 already granted the affiliation. Therefore what remains is only the issue of affiliation and membership certificate to the petitioner society. I do not find any reason to deny the petitioner the grant of such documents.

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This writ petition is for the above reasons allowed. The first respondent is directed to issue the affiliation and membership certificate to the petitioner society, as expeditiously as possible and at any ate within a period of one month of the date of receipt of a copy of this judgment.

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K.SURENDRA MOHAN, JUDGE

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kkj

Mulavoor Urban Co-Operative Societies Ltd. NO.E-1068 v. Ernakulam District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Mulavoor Urban Co-Operative Societies Ltd. NO.E-1068 v. Ernakulam District Co-Operative Bank

Case brief

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What did the court decide?

What the court decided

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