Disposed

Vincent Y v. the Karunagappally Co-Operative Agricultural and Rural Development Bank Ltd.

Kerala HC6 Oct 2020WP(C)/12000/2018

Case brief

AI extract

What is this about?

The writ petition challenging the Kerala State Fishermen Debt Relief Commission order was disposed of. The court noted that the loan account was closed under settlement with the bank, rendering the impugned order and security title non-surviving, with no further adjudication required.

What did the court decide?

No further directions called; the challenge is disposed of in light of the loan account settlement.

Vincent Y Vs the Karunagappally Co-Operative… — Cooperative Societies | Kerala HC (2020)

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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 SATHISH NINAN

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TUESDAY, THE 06TH DAY OF OCTOBER 2020/14TH ASWINA, 1942

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W.P.(C)No.12000 OF 2018(Y)

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PETITIONER:

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VINCENT Y, AGED 56 YEARS, S/O.YOHANNAN, 'SUHALAYAM', CHAVARA SOUTH P.O, KARUNAGAPPALLY, KOLLAM DISTRICT - 691 584.

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BY ADVS. SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV SRI.T.R.HARIKUMAR SRI.JAIBY PAUL

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RESPONDENTS:

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1 THE KARUNAGAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.Q 467, REPRESENTED BY ITS SECRETARY, KARUNAGAPPALLY, KOLLAM - 690 544.

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2 THE KERALA STATE FISHERMEN DEBT RELIEF COMMISSION, REPRESENTED BY ITS SECRETARY, NANTHANCODU, THIRUVANANTHAPURAM - 695 033.

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM - 690 001.

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4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695 001.

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5 FEBIYANA, DEVINE ACTIVITY GROUP, DALAVAPURAM, NEENDAKARA P.O, KOLLAM - 691 582.

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R1 BY ADV. SRI.P.GOPAL SMT.MABLE C.KURIAN, GOVERNMENT PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.12000 OF 2018(Y)

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:2:

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JUDGMENT

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The petitioner and the 5^th respondent jointly availed a loan from the 1^st respondent Bank. The loan was defaulted and recovery steps initiated by the Bank. The challenge in this writ petition is against the order passed by the 2^nd respondent-Fishermen Debt relief Commission interdicting recovery against the 5^th respondent and directing the debt to be recovered from the petitioner.

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Heard the learned counsel for the respective parties. Though various grounds of challenge are raised, it is not necessary to go into the same in view of the subsequent developments.

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It is submitted by learned counsel for the parties that, pending the writ petitions, the loan account in question has been closed under a settlement arrangement with the bank. It is not in dispute that the debt does not survive any more. In view thereof, no

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W.P.(C)No.12000 OF 2018(Y)

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:3:

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issue remains to be adjudicated in the writ petition. In view of the fact that the account has been settled, necessarily the title deeds deposited by the fifth respondent as security for the loan shall be released to the fifth respondent. Needless to say that Ext.P6 order passed by the second respondent does not survive any more. No further directions are called for.

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Writ petition is disposed of as above.

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Sd/-

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SATHISH NINAN, JUDGE

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W.P.(C)No.12000 OF 2018(Y)

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:4:

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APPENDIX OF WP(C) 12000/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF TH	E LIST CONTAINING THE
	NAMES OF FISHERMEN, ABOVE RS.1 LAKH FRO RECOMMENDED FOR WAIV	WHO HAD AVAILED LOANS M THE 1ST RESPONDENT AND ER OF INTEREST.
EXHIBIT P2	A TRUE COPY OF TH 2014 ISSUED BY THE 1	E RECEIPT DATED 30-06- ST RESPONDENT.
EXHIBIT P3	A TRUE COPY OF THE 01-2015 IN WP(C) NO.	INTERIM ORDER DATED 30- 3030 OF 2015.
EXHIBIT P4	A TRUE COPY OF THE ISSUED BY THE 2ND RE	NOTICE DATED 26-02-2018 SPONDENT.
EXHIBIT P5	A TRUE COPY OF THE 08-03-2018 SUBMITT BEFORE THE 2ND RESPO	WRITTEN SUBMISSION DATED ED BY THE PETITIONER NDENT.
EXHIBIT P6	A TRUE COPY OF THE IN APPLICATION NO RESPONDENT.	ORDER DATED 22-11-2017 .207/684 OF THE 2ND
EXHIBIT P7	A TRUE COPY OF THE 1ST RESPONDENT BANK	STATEMENT FILED BY THE DATED NIL.

Vincent Y v. the Karunagappally Co-Operative Agricultural and Rural Development Bank Ltd.

Case brief

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Vincent Y v. the Karunagappally Co-Operative Agricultural and Rural Development Bank Ltd.

Case brief

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