Dismissed

The Manrothuruth Service Co-Operative Bank Ltd. v. N.Thankappan

Kerala HC14 Jul 2016RP/567/2016

Case brief

AI extract

What is this about?

This review petition, filed by the bank, sought to revisit the March judgment directing repayment. The Court held the review unfounded due to lack of fresh grounds, granted a two-week extension for the bank to decide on repayment, and dismissed the petition.

What did the court decide?

Extension of the time limit given to the bank to determine the petitioner's precedence over other depositors by two weeks.

The Manrothuruth Service Co-Operative Bank Ltd. Vs… — Banking and Recovery | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938

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RP.NO. 567 of 2016 (A)

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--------------------------------AGAINST THE JUDGMENT IN WP(C) 12205/2016 DATED 27-05-2016

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REVIEW PETITIONER/3RD RESPONDENT :

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THE MANROTHURUTH SERVICE CO-OPERATIVE BANK LIMITED NO.3977 PATTAMTHURUTH P.O., MANROTHURUTHU, KOLLAM, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.K.SUBASHCHANDRA BOSE

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RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 :

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1. N.THANKAPPAN

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S/O.NARAYANAN, ANIL VILASOM, NEAR C.KESAVAN MEMORIAL GOVERNMENT HOSPITAL, MAYYANAD P.O., KOLLAM, (FROM PALLITHURA, KIDAPPARAM, MANROTHURUTHU, KOLLAM).

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2. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013.

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3. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013.

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R1 BY ADV. SRI.B.MOHANLAL R2 & R3 BY SR. GOVT. PLEADER SRI. V. VIJULAL

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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RP.No. 567 of 2016 (A)

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE I	: TRUE COPY OF THE CHEQUE SUBMITTED BY THE PETITIONER ON 4-4-2015.
ANNEXURE II	TRUE COPY OF THE SETTLEMENT MADE BEFORE THE CO-OPERATIVE OMBUSMAN DATED 21-7-2014.
ANNEXURE III	TRUE COPY OF THE SETTLEMENT IN WP(C) NO. 29803 OF 2009.
ANNEXURE IV	TRUE COPY OF THE SETTLEMENT IN CC NO. 181/15.
ANNEXURE V	TRUE COPY OF THE SETTLEMENT IN WP(C) NO. 33482 OF 2010.
ANNEXURE VI	TRUE COPY OF THE AUDIT MEMORANDUM OF THE BANK WITH AUDIT CERTIFICATES FOR THE FINANCIAL YEAR 2014 AND 2015.

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RESPONDENT'S ANNEXURES : NIL

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J

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R.P.NO.567 OF 2016 IN

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W.P.(C)NO.12205 OF 2016

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Dated this the 14^th day of July, 2016

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O R D E R

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This review petition is filed seeking to review the

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judgment in W.P.(C)No.12205 of 2016 dated 27.05.2016. In the said judgment, there was a direction issued to the third respondent bank to consider the request made by the petitioner taking into account Ext.P4 order passed by the second respondent, within a period of three weeks from the date of receipt of a copy of the judgment.

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Now this review petition is filed by the third respondent bank contending that amounts are due to various depositors and as per the agreement those depositors are standing in queue and if the petitioner is given precedence over the said depositors, it will lead to untoward situations. It is in this background this review petition is filed.

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R.P.NO.567 OF 2016 IN W.P.(C)NO.12205 OF 2016 2

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Having considered the rival submissions made

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across the bar, I am of the considered opinion that petitioner has not made out any case warranting review of the judgment rendered by me. However, since the time granted by this court to the third respondent bank to take a decision is over, time can be extended for a period of two weeks from the date of receipt of a copy of this order.

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Review petition is dismissed with the above

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observation.

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sd/-

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SHAJI P. CHALY, JUDGE

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R.AV

The Manrothuruth Service Co-Operative Bank Ltd. v. N.Thankappan

Case brief

What is this about?

What did the court decide?

The Manrothuruth Service Co-Operative Bank Ltd. v. N.Thankappan

Case brief

What is this about?

What did the court decide?

What the court decided

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