Disposed

Binu Krishnan.B v. State of Kerala

Kerala HC20 Mar 2019WP(C)/164/2019

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions concerning the non-release of matured fixed deposits by Mavelikara Taluk Co-operative Bank. Pending a criminal investigation into alleged forgery, the Court directed petitioners to produce original deposit certificates within a week for verification and required the Bank to issue an order detailing reasons for any retention of funds.

What did the court decide?

Direction to produce original fixed deposit certificates to the Bank within one week for verification and submission of a detailed order with reasons if funds are retained.

Binu Krishnan.B Vs State of Kerala — Banking and Recovery | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940

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WP(C).No. 164 of 2019

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PETITIONER:

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BINU KRISHNAN.B AGED 33 YEARS S/O BALAKRISHNAN NAIR G, MULACKAL THARAYIL, CHERUKOLE, EZHAKADAVU P.O., MAVELIKARA, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.ARUN BOSE SRI.B.BIPIN SRI.R.REJI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE REGISTRAR OF CO-OPERATIVE SOCIETEIS OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETEIS, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCADU (PO), THIRUVANANTHAPURAM, PIN-695 014.

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETEIS (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-691 013.

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4 MAVELIKARA TALUK CO-OPERATIVE BANK LTD.NO.707 HEAD OFFICE AT PULIMOODU JUNCTION, MAVELIKARA (PO), ALAPPUZHA DISTRICT, PIN-690 101, REPRESENTED BY ITS MANAGER.

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5 THE BRANCH MANAGER MAVELIKARA TALUK CO-OPERATIVE BANK LTD.NO.707, BRANCH AT THAZHAKARA, THAZHAKARA (PO), ALAPPHZHA DISTRICT, PIN-690 102.

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*ADD THE ADMINISTRATOR R6 MAVELIKARA TALUK CO-OPERATIVE BANK LTD, NO.707, HEAD OFFICE AT PULIMOODU JUNCTION, MAVELIKARA (PO), ALAPUZHA DISTRICT, PIN690101.

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***(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 16/01/2019 IN IA.NO.01/2019)**

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OTHER PRESENT:

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SRI.T.R.HARIKUMAR-SC SMT.C.S.SHEEJA - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 164 & 7782 of 2019

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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 DEVAN RAMACHANDRAN

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WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940

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WP(C).No. 7782 of 2019

PETITIONER:

SUNDARESAN

AGED 47 YEARS

DESATHINAKAM, PERINGALA P.O., KAYAMKULAM.

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BY ADVS.

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SRI.BASANT BALAJI SMT.MINEESA J

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RESPONDENTS:

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1 MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707, PULIMOODU JUNCTION, MAVELIKKARA P.O., ALAPPUZHA-690101, REPRESENTED BY THE ADMINISTRATOR.

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2 MAVELIKARA TALUK CO-OPERATIVE BANK LTD. NO.707, THAZHAKARA BRANCH REPRESENTED BY THE ADMINISTRATOR, ALAPPUZHA-690101.

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3 THE ADMINISTRATOR MAVELIKARA TALUK CO-OPERATIVE BANK LTD NO.707, THAZHAKARA BRANCH, ALAPPUZHA-690101.

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4 THE ASSISTANT REGISTRAR (GENERAL)

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OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MAVELIKKRA, ALAPPUZHA-690101.

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OTHER PRESENT:

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SRI.T.R.HARIKUMAR-SC, SMT. C.S.SHEEJA-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 164 & 7782 of 2019

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J U D G M E N T

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These two writ petitions are being disposed of jointly through this judgment because both of them relates to the non release of fixed deposits, even after its maturity, to the petitioners herein by the Mavelikara Taluk Co-operative Bank Ltd. (hereinafter referred to as 'the Bank' for short).

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In response to the petitioners' specific allegation that even though the fixed deposits made by them have now matured and it is still retained by the Bank illegally, Sri.T.R.Harikumar, the learned standing counsel for the Bank, submits that many of the fixed deposits, that are now being claimed by various persons, have been found to be fictitious and even counterfeit and that a criminal investigation is presently proceeding under the aegis of the Crime Branch. He says that it has been found on their inspection that various deposits have been created by the then Branch Manager of the Bank, in collaboration with certain others, fictitiously and therefore, that the deposits cannot be released without proper enquiry. He further says

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WP(C).Nos. 164 & 7782 of 2019

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that the petitioner in W.P.(C)No.164 of 2019, is the driver of

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the then Manager, who has now been implicated in the criminal case and therefore, that in this case greater circumspection will be required.

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The submissions of Sri.T.R.Harikumar, are affirmed by Smt.C.S.Sheeja, the learned Senior Government Pleader, who confirms that the investigation by the Crime Branch is still progressing pursuant to the registration of Crime No.137 of 2017 of the Mavelikara Police Station; and she says that however, the Bank can always verify the original of the fixed deposits and ascertain whether they are genuine before making payments in terms of law.

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In the afore circumstances and taking specific note of the submissions of Sri.T.R.Harikumar and the learned Senior Government Pleader, I direct the petitioners to produce the original of the fixed deposits before the Bank within a period of one week from the date of receipt of a copy of this judgment, along with all other necessary documents; in which event, the concerned Authority of the

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WP(C).Nos. 164 & 7782 of 2019

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Bank will verify the same as per law and afford the petitioners an opportunity of being heard and will thereafter, take a decision as to whether the amounts claimed by them can be repaid to them.

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If for any reason, the Bank is of the opinion that the amounts cannot be repaid, they will issue an appropriate order/proceedings to them, detailing the reasons why the amounts are being retained, so that the petitioners can then obtain proper recourse to law thereafter.

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I further direct that in either event, necessary action shall be taken by the competent Authority of the Bank at the earliest but not later than one month after the petitioners are heard by them.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).Nos. 164 & 7782 of 2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEPOSIT CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 2.3.2016. EXHIBIT P2 TRUE COPY OF THE DISCHARGE CARD ISSUED FROM THE PUSHPAGIRI MEDICAL COLLEGE AT THIRUVALLA.

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WP(C).Nos. 164 & 7782 of 2019

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APPENDIX IN WPC.NO.7782/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DEPOSIT CERTIFICATES NO.008732 DATED 4.11.2013 IN THE NAME OF THE PETITIONER
EXHIBIT P2	TRUE COPY OF THE DEPOSIT CERTIFICATE NO.0035280 DATED 7.3.2015 IN THE NAME OF THE PETITIONER
EXHIBIT P3	TRUE COPY OF THE DEPOSIT CERTIFICATE NO.0042712 DATED 8.8.2016 IN THE NAME OF THE SMT.SREEMOL THE WIFE OF THE PETITIONER
EXHIBIT P4	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 12.2.2019 ISSUED BY DR.N.MAHESH OF V.S.M. HOSPITAL MAVELIKKARA
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 10.1.2019 SENT BY THE PETITIONER TO THE 3RD RESPONDENT
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION DATED 22.2.2019 SENT TO THE 4TH RESPONDENT

Binu Krishnan.B v. State of Kerala

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Binu Krishnan.B v. State of Kerala

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