Dismissed

The Ramanattukara Service Co-Operative Bank Ltd. NO.7721 v. Dhanish.M

Kerala HC15 Mar 2018Con.Case(C)/1893/2017

Case brief

AI extract

What is this about?

This is a contempt petition alleging the respondent bank operated a court-restricted sub-centre as a full branch by granting loans and installing an ATM. The court dismissed the petition as a mere issue of illegality rather than wilful disobedience due to a subsequent Government order extending the bank's operational area.

What did the court decide?

The petition was dismissed with the case held closed.

The Ramanattukara Service Co-Operative Bank Ltd. NO.7721 Vs… — Contempt of Court | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

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Con.Case(C).No. 1893 of 2017 IN WPC. 11900/2013 AGAINST THE JUDGMENT IN WP(C) 11900/2013 of HIGH COURT OF KERALA DATED 04-07-2013

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PETITIONER(S)/PETITIONER

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THE RAMANATTUKARA SERVICE CO-OPERATIVE BANK LTD NO.7721 FAROOK COLLEGE P.O, KOZHIKODE REPRESENTED BY ITS SECRETARY-IN-CHARGE JAYAPRAKASH, AGED 56,S/O. VASU, PRESENTLY SECRETARY-IN-CHARGE

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BY ADVS.SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.T.RESHMA SMT.S.SIKKY SMT.M.G.AISHWARYA

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RESPONDENT(S)/RESPONDENT NO 2:

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DHANISH.M AGED 45,S/O. CHANDRAN, GENERAL MANAGER, KARASSERY SERVICE CO-OPERATIVE BANK LTD NO D 2628,KARASSERY P.O, KOZHIKODE.

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R1 BY ADV. SRI.BECHU KURIAN THOMAS (SR.) R1 BY ADV. SRI.AJITH KRISHNAN, SC, KARASSERY SERVICE CO.OP BANK LTD

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, C.J. &

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DAMA SESHADRI NAIDU, J.

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Cont. Case (C) No.1893 of 2017

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Dated this the 15^th day of March, 2018

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JUDGMENT

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Antony Dominic, C.J.

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This petition is filed alleging disobedience of the directions issued by this Court in the judgment in W.P.(C) No.11900 of 2013.

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We heard the learned counsel for the petitioner and the learned Senior Counsel appearing for the respondent.

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In short, the case of the petitioner is that by Annexure-B judgment in the writ petition, this Court permitted the respondent to operate the Sub-centre, but however, a rider was added that the Sub-centre shall not be operated as a Branch and that the activities therein shall confine only for the purpose of receiving amounts from persons nominated by respondents 3 and 4 in the writ

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Cont. Case (C) No.1893 of 2017 -2-

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petition.

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The case of the petitioner is that, contrary to the aforesaid restrictions imposed by this Court, respondent is operating the Sub-centre as a full-fledged branch by granting loans and installing an ATM. This is alleged to be a case of wilful disobedience for justifying initiation of proceedings under the Contempt of Courts Act.

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However, long after the judgment was rendered by this Court on 04.07.2013, the Government issued Ext.R1(a) order dated 02.02.2015 whereby the area of operation of the Karassery Service Co-operative Bank was permitted to be extended to the erstwhile Kozhikode Thaluk except the area covered within the Kozhikode Corpoation in Kozhikode District. Admittedly, the aforesaid Sub-centre is within the area of operation of the Karassery Service Co-operative Bank as extended by Ext.R1(a).

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In such a situation, even if the contention of the petitioner that the branch has been opened without

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Cont. Case (C) No.1893 of 2017

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-3-

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complying with the requirements of Section 74(B)(2) of the Kerala Co-operative Societies Act, that at best may spell out a case of illegality on the part of the Bank and not a case of wilful disobedience justifying initiation of proceedings under the Contempt of Courts Act. Therefore, we do not find any merit in this petition.

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This contempt petition is closed.

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Sd/- ANTONY DOMINIC CHIEF JUSTICE

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Sd/- DAMA SESHADRI NAIDU JUDGE

kns/-

//TRUE COPY//

P.S. TO JUDGE

Cont. Case (C) No.1893 of 2017 -4-

The Ramanattukara Service Co-Operative Bank Ltd. NO.7721 v. Dhanish.M

Case brief

What is this about?

What did the court decide?

The Ramanattukara Service Co-Operative Bank Ltd. NO.7721 v. Dhanish.M

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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