This is a single-line order dismissing a writ petition regarding bank recovery agreements. The court recorded a memo and dismissed the petition as not pressed without adversarial hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
THURSDAY, THE 17TH DAY OF SEPTEMBER 2020/ 26TH BHADRA, 1942
W.P.(C)No.16064 OF 2020(G)
PETITIONER:
MYLAPRA SERVICE CO-OPERATIVE BANK LTD NO.639, HEAD OFFICE-MYLAPRA TOWN.P.O., PATHANAMTHITTA-689 678, R REPRESENTED BY ITS SECRETARY.
BY ADV. SRI.LIJI.J.VADAKEDOM
RESPONDENTS:
2 ANILKUMAR.M.R., S/O.RAGHAVAN PILLAI, MUTTATHU HOUSE, OMALLOOR.P.O., MANJANIKKARA, PATHANAMTHITTA-689 647.
W.P.(C)No.16064 OF 2020(G)
2
5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
6 KUMBAZHA SERVICE CO-OPERATIVE BANK LTD., NO.330, KUMBAZHA.P.O., PATHANAMTHITTA DISTRICT, PIN-689 653, REPRESENTED BY ITS SECRETARY.
GOVERNMENT PLEADER SMT. MABLE C.KURIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.16064 OF 2020(G)
3
JUDGMENT
Memo dated 26.8.2020 is recorded and the
writ petition is dismissed as not pressed.
Sd/-
SATHISH NINAN
JUDGE
ss
W.P.(C)No.16064 OF 2020(G)
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE AGREEMENT DATED 26.6.2013 EXECUTED BY RESPONDENT NOS.1 TO 3 IN FAVOUR OF THE PETITIONER-BANK. EXHIBIT P2 THE COPY OF THE EMPLOYMENT CERTIFICATE DATED 26.4.2013 ISSUED BY THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, EZHUMATTOOR. EXHIBIT P3 THE COPY OF THE AGREEMENT FOR RECOVERY FROM SALARY/TERMINAL BENEFITS/GRATUITY DATED 26.4.2013 EXECUTED BY THE 2ND RESPONDENT AND ATTESTED BY THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, EZHUMATTOOR. EXHIBIT P4 THE COPY OF THE EMPLOYMENT CERTIFICATE OF 3RD RESPONDENT DATED 16.4.2013 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P5 THE COPY OF THE AGREEMENT FOR RECOVERY FROM SALARY/TERMINAL BENEFITS/GRATUITY DATED 16.4.2013 EXECUTED BY 3RD RESPONDENT AND ATTESTED BY 5TH RESPONDENT. EXHIBIT P6 THE COPY OF THE NOTICE NO.MSCB(HO)LD 11/19-20 DATED 29.8.2019 ISSUED BY THE PETITIONER-BANK TO THE 4TH RESPONDENT DISTRICT MEDICAL OFFICER. EXHIBIT P7 THE COPY OF THE LETTER DATED 27.9.2019 ISSUED BY THE DMO, PATHANAMTHITTA.
W.P.(C)No.16064 OF 2020(G)
5
EXHIBIT P8 THE COPY OF THE LETTER NO.MSCB(HO)132/2019-20 DATED 24.3.2020 ISSUED BY PETITIONER-BANK TO 4TH RESPONDENT. EXHIBIT P9 THE COPY OF THE COMMUNICATION NO.A512480/19 DATED 10.7.2020 ISSUED BY 4TH RESPONDENT DMO TO THE PETITIONERBANK. EXHIBIT P9A THE COPY OF THE COMMUNICATION DATED 30.6.2020 ISSUED BY THE ADDITIONAL SECRETARY, FINANCE DEPARTMENT TO THE 5TH RESPONDENT. EXHIBIT P10 THE COPY OF THE NOTICE NO.MSCB (HO)63/20-21 DATED 16.7.2020 ISSUED BY THE PETITIONER-BANK TO THE 6TH RESPONDENT.
MYLAPRA SERVICE CO-OPERATIVE BANK LTD
K.R. ARAVINDAKSHAN NAIR
ANILKUMAR.M.R.
P.R.SASI
THE DISTRICT MEDICAL OFFICER (HEALTH)
STATE OF KERALA
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
