Disposed

Thankamani v. the Vadakkekara Service Co-Operative Bank Ltd. NO.3131

Kerala HC26 Feb 2018OP(C)/383/2018

Case brief

AI extract

What is this about?

The Court directed the Co-operative Tribunal to prioritize hearing pending delay condonation and stay applications in six revision petitions. Further extrajudicial sale proceedings were deferred until the Tribunal disposed of these applications.

What did the court decide?

Direction to Tribunal to dispose of delay and stay applications by 08/03/2018 and defer further sale proceedings.

Thankamani Vs the Vadakkekara Service Co-Operative Bank… — Cooperative Societies | 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 MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939

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OP(C).No. 383 of 2018

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REVISION PETITION NO.16/2016 OF CO-OPERATIVE TRIBUNAL,THIRUVANANTHAPURAM. -------PETITIONER(S)

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1 THANKAMANI,

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W/O.PAVITHRAN, PANAMBIL HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, PATTANAM P.O., ERNAKULAM DISTRICT.

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2 BAIJU,

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S/O.PAVITHRAN, PANAMBIL HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, PATTANAM P.O., ERNAKULAM DISTRICT.

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3 BIJOY, S/O.PAVITHRAN, PANAMBIL HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, PATTANAM P.O., ERNAKULAM DISTRICT.

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4 SMILE,

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W/O.BAIJU, PANAMBIL HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, PATTANAM P.O., ERNAKULAM DISTRICT.

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5 KAVITHA, W/O.BIJOY, PANAMBIL HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, PATTANAM P.O., ERNAKULAM DISTRICT.

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BY ADVS.SRI.DINESH R.SHENOY

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SRI.EBIN MATHEW

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RESPONDENT(S):

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1. THE VADAKKEKARA SERVICE CO-OPERATIVE BANK LTD NO.3131,

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VADAKKEKARA, PARUR TALUK, ERNAKULAM DISTRICT, PIN-683512,

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REPRESENTED BY ITS SECRETARY.

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2. THE SPECIAL SALE OFFICER,

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VADAKKEKARA SERVICE CO OPERATIVE BANK LTD. NO.3131,

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VADAKKEKARA, PARUR TALUK, ERNAKULAM DISTRICT,PIN-683512.

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3. THE COOPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM, PIN-695001.

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R1 BY ADV. SRI.M.M.MONAYE

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R2 BY SENIOR GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2018,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 383 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4340/2015.
EXHIBIT P2-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4341/2015.
EXHIBIT P3-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4342/2015.
EXHIBIT P4-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4343/2015.
EXHIBIT P5-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4344/2015.
EXHIBIT P6-	TRUE PHOTOCOPY OF AWARD PASSED BY SPECIAL SALE OFFICER, NORTH PARUR DATED 17/12/2015 IN FILE NO.4345/2015.
EXHIBIT P7-	TRUE PHOTOCOPY OF REVISION PETITION NO.16/2016 FILED AGAINST AWARD NO.4344/2015, COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 01/11/2016.
EXHIBIT P8-	TRUE PHOTOCOPY OF UNNUMBERED IA..... OF 2016, STAY PETITION, FILED IN EXT.P6 REVISION PETITION ALSO DATED 01/11/2016.
EXHIBIT P9-	TRUE PHOTOCOPY OF UNNUMBERED IA..... OF 2016, DELAY PETITION, DATED 01/11/2016 FILED IN EXT.P6 REVISION PETITION.
EXHIBIT P10-	TRUE PHOTOCOPY OF ADVERTISEMENT PUBLISHED IN MATHRUBHUMI DAILY DATED 21/01/2018.
EXHIBIT P11:-	TRUE PHOTOCOPY OF CHALANS DATED 25/11/2016.
EXHIBIT P12:-	TRUE PHOTOCOPY OF LETTER DATED 12/2/2018 ISSUED BY ADV.M.G.JEEVAN, NORTH PARAVUR.
EXHIBIT P13:-	TRUE PHOTOCOPY OF RP.NO.12/2018 FILED AGAINST AWARD NO.4341/2015, ASST.REGISTRAR, NORTH PARAVUR FILED BEFORE THE CO-OPERATIVE TRIBUNAL,THIRUVANANTHAPURAM.

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OP(C).No. 383 of 2018 (O)

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EXHIBIT P14:-TRUE PHOTOCOPY OF RP NO.13/2018 FILED AGAINST AWARD NO.4342/2015,ASST. REGISTRAR,NORTH PARAVUR FILED BEFORE THE COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P15:-TRUE PHOTOCOPY OF RP NO.14/2018 FILED AGAINST AWARD NO.4343/2015,ASST. REGISTRAR,NORTH PARAVUR FILED BEFORE THE COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P16:-TRUE PHOTOCOPY OF RP NO.16/2018 FILED AGAINST AWARD NO.4345/2015,ASST. REGISTRAR,NORTH PARAVUR FILED BEFORE THE COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P17:-TRUE PHOTOCOPY OF RP NO.17/2018 FILED AGAINST AWARD NO.4346/2015,ASST. REGISTRAR,NORTH PARAVUR FILED BEFORE THE COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P18:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR STAY IN RP.NO.12/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM.

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EXHIBIT P19:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR STAY IN RP.NO.13/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM.

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EXHIBIT P20:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR STAY IN RP.NO.14/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM.

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EXHIBIT P21:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR STAY IN RP.NO.16/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM.

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EXHIBIT P22:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR STAY IN RP.NO.17/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,

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THIRUVANANTHAPURAM.

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EXHIBIT P23:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR CONDONATION OF DELAY IN IN RP.NO.12/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL,THIRUVANANTHAPURAM.

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EXHIBIT P24:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 CONDONATION OF DELAY IN IN RP.NO.13/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P25:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 CONDONATION OF DELAY IN IN RP.NO.14/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P26:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 FOR CONDONATION OF DELAY IN IN RP.NO.16/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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OP(C).No. 383 of 2018 (O)

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EXHIBIT P27:-TRUE PHOTOCOPY OF UNNUMBERED IA....../2018 CONDONATION OF DELAY IN IN RP.NO.17/2018 FILED BEFORE THE CO OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

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EXHIBIT P28:-TRUE PHOTOCOPY OF THE NOTICE CIRCULATED IN THE LOCALITY.

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EXHIBIT P29:- TRUE PHOTOCOPY OF POSTER AFFIXED IN THE LOCALITY.

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RESPONDENT(S)' EXHIBITS

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EXHIBIT R1(A):- PHOTOCOPY OF ONE OF THE NOTICES DATED 7.2.2017 IN RP

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EXHIBIT R1(B):- PHOTOCOPY OF ONE OF THE ORDER DATED 6.6.2017 IN ARC 4340/2015.

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EXHIBIT R1(C):- PHOTOCOPY OF THE ORDER DATED 6.6.2017 IN ARC 4341/2015. EXHIBIT R1(D):- PHOTOCOPY OF THE ORDER DATED 6.6.2017 IN ARC 4342/2015. EXHIBIT R1(E):- PHOTOCOPY OF THE ORDER DATED 6.6.2017 IN ARC 4343/2015. EXHIBIT R1(F):- PHOTOCOPY OF THE ORDER DATED 6.6.2017 IN ARC 4344/2015. EXHIBIT R1(G):- PHOTOCOPY OF THE ORDER DATED 6.6.2017 IN ARC 4345/2015.

/TRUE COPY/

PS TO JUDGE

TS 06/03/2018

ALEXANDER THOMAS, J.

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O.P.(C) No.383 of 2018

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Dated this the 26^th day of February, 2018

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JUDGMENT

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Petitioners' counsel had submitted on 08.02.2018 that

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he is not pressing for prayer No.(a), in view of the defect notified by the Registry in that regard. Thereafter, this Court had passed an order dated 09.02.2018 that prayer (a) in this O.P.(C) will stand struck off in view of the said submission made by the petitioners. Prayer Nos. (b) to (d) of this O.P.(C) reads as follows:

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b) An order or direction, directing the Co-operative Tribunal, Thiruvananthapuram to take up and pass orders in the delay petitions and stay petitions filed by the petitioners in R.P.Nos.12/2018 to 17/2018 before the Tribunal.

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c) An order or direction, directing respondents 1 and 2 not to proceed with further steps pursuant to Ext.P10 publication for sale of the properties till orders are passed in the delay petitions/stay petitions as directed above.

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d) Grant such other reliefs are deemed fit and

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O.P.(C) No.383 of 2018 :-2:-

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proper in the facts and the circumstances of the case.

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Heard Sri.Dinesh R.Shenoy, learned counsel for the

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petitioners, Sri.M.M.Monayi, learned counsel appearing for R1 and Sri.Saigi Jacob Palatty, learned senior Government Pleader appearing for R2 (Special Sale Officer).

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It is submitted by Sri.Dinesh R Shenoy, learned counsel for the petitioners that as against the six impugned awards in Exts.P1 to P6 rendered by the notified Arbitrator, the petitioners had preferred six revision petitions before the Kerala State Co-operative Tribunal to impugn those six awards by taking recourse to the provisions contained in Section 84 of the Kerala Co-operative Societies Act, 1969 and that Exts.P7, P13 to P17 are the copies of the memorandum of the revision petition Nos.12 to 17 of 2018 filed by the petitioners in that regard before the Kerala State Co-operative Tribunal. That along with the said six revision petitions, the petitioners have filed Exts.P8, P18 to P22 stay applications and prayed for interim stay of the operation

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O.P.(C) No.383 of 2018 :-3:-

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and enforcement of the respective impugned awards and also Exts.P9, P23 to P27 applications to condone the delay in filing the revision petitions. Petitioners' counsel would submit that the limited prayers sought for by the petitioners is for a direction to this Court to ensure the disposal of the above delay condonation applications and stay applications pending in the said six revision petitions by the Tribunal, without much delay, after hearing both sides and that until orders are passed by the Tribunal on the said stay applications and delay condonation applications, further sale proceedings in Ext.P10, notified in pursuance of the impugned awards may be ordered to be kept in abeyance.

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This Court had directed the Registry to get a report from the Kerala State Co-operative Tribunal, Thiruvananthapuram as to the pendency of the aforesaid revision petitions. Now the said Tribunal has furnished aforedated 19.02.2018 to the Registry, this Court stated inter alia that the petitioners had earlier filed revision

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O.P.(C) No.383 of 2018 :-4:-

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petitions on 08.11.2016 with the remittance of only 1/10^th of LBF (Legal Benefit Fund), and the petitioners were directed by the Tribunal by order dated 07.12.2016 to remit the deficit LBF within 15 days as per Section 4A of the Kerala Court Fees and Suits Valuation Act. The said order dated 07.12.2016 was not complied by the petitioners till 06.06.2017 and thereafter, the petitioners were given further time to cure the defects stating that the revision petitions will not be considered, if the defects were not rectified. On 31.01.2018, the petitioners had remitted the deficit in LBF and the revision petitions were taken to file as Revision Petition Nos.12 to 17. On 14.02.2018, notice was ordered to the respondents for appearance of parties and for hearing at Camp Court, Ernakulam on 08.03.2018 with a direction to the Arbitrator to produce the lower court records.

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Accordingly, in the light of the above said aspects, it is ordered in the interest of justice that the Kerala State

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O.P.(C) No.383 of 2018 :-5:-

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Co-operative Tribunal will take up the above said six delay condonation applications (Exts.P9, P23 to P27), as well as the above said six stay applications (produced herein as Exts.P8, P18 to P22) filed by the petitioners in the above said six respective revision petitions (which has been produced herein as Exts.P7, P12 to P17), without much delay and after affording a reasonable opportunity of being heard to both sides and will pass orders on the delay condonation applications as well as on stay applications, preferably on the next sitting on 08.03.2018 or immediately thereafter. Sri.M.M.Monay, learned counsel appearing for the 1^st respondent would submit on the basis of the instructions of the party that the said party has already entered appearance before the Tribunal. The 1^st respondent herein will ensure that the counter affidavits/written objections, if any, to the delay condonation applications and the stay applications should be filed without further delay. Until orders are passed by the Tribunal on the above said six delay

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O.P.(C) No.383 of 2018 :-6:-

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condonation applications as well as the stay applications, further proceedings in pursuance of the impugned Ext.P10 sale proceedings will stand deferred. The petitioners will produce a certified copy of the judgment before the Tribunal concerned for necessary information.

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With these observations and directions, this Original Petition (Civil) will stand finally disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE

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bpr

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//TRUE COPY//

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P.A. TO JUDGE

Thankamani v. the Vadakkekara Service Co-Operative Bank Ltd. NO.3131

Case brief

What is this about?

What did the court decide?

Thankamani v. the Vadakkekara Service Co-Operative Bank Ltd. NO.3131

Case brief

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What did the court decide?

What the court decided

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