Allowed

The Managing Committee of Thalayolaparambu Farmers Service Co-Operative Bank LTD.NO.278 v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC18 Mar 2021RP/111/2021

Case brief

AI extract

What is this about?

The Court allowed a review petition filed by a Co-operative Bank. The previous order dismissing the underlying writ petition as withdrawn was recalled because it was due to a mistaken submission or communication gap regarding the withdrawal instructions.

What did the court decide?

The judgment dismissing W.P(C).No.4699 of 2020 as withdrawn is recalled and the writ petition is restored to the file.

The Managing Committee of Thalayolaparambu Farmers… — Cooperative Societies | Kerala HC (2021)

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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 SUNIL THOMAS

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THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

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RP.No.111 OF 2021 IN WP(C). 4699/2020

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AGAINST THE ORDER/JUDGMENT IN WP(C) 4699/2020(J) OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/PETITIONERS 1 & 2:

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1 THE MANAGING COMMITTEE OF THALAYOLAPARAMBU FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.278 REPRESENTED BY PRESIDENT, THALAYOLAPARAMBU, KOTTAYAM - 686505.

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2 THE MANAGING COMMITTEE OF THALAYOLAPARAMBU FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.278 REPRESENTED BY MANAGING DIRECTOR, THALAYOLAPARAMBU, KOTTAYAM - 686605.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENTS/RESPONDENTS 1 TO 3:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE POST, KOTTAYAM - 686001.

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2 THANKACHAN (MEMBER NO. 5945), ERIKKATHARA HOUSE, VADAYAR, THALAYOLAPARAMBU, KOTTAYAM - 686605.

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3 SAVITHA JEEMON (MEMBER NO. 17592), THANTHODATH HOUSE, THALAYOLAPARAMBU, KOTTAYAM - 686605.

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OTHER PRESENT:

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SRI.K.P.HARISH(SR.GP) SRI. P.C. SASIDHARAN (SC)

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.111/2021

ORDER

This review petition is filed against the judgment of this Court dated 19.01.2021 in W.P(C).No.4699 of 2020. When the matter was taken up on 19.01.2021, it was represented by the counsel, stated to be on behalf of the petitioners, that the matter may be dismissed as withdrawn. Accordingly, recording it, Writ Petition was dismissed as withdrawn.

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The review petition is filed by the Society on the premise that, in fact the Society had not taken any such decision to withdraw the Writ Petition. According to the learned counsel appearing for the petitioners, it seems to have been that the Writ Petition was caused to be withdrawn either on the basis of a mistaken submission or on the basis of a communication gap in conveying the instructions.

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Heard the learned counsel for the petitioners and learned counsel for the respondents.

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Having considered the prayer made, it seems that, there is a substance in the contention set up by the learned counsel for the petitioners.

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R.P.111/2021

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Accordingly Review Petition is allowed. Judgment of this Court dated 19.01.2021 dismissing W.P(C).No.4699 of 2020 as withdrawn stands recalled. Accordingly, Writ Petition is restored to file.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

R.P.111/2021

APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE A1

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A TRUE COPY OF THE JUDGMENT DATED 19.1.2021 IN WP(C) NO.4699/2020.

The Managing Committee of Thalayolaparambu Farmers Service Co-Operative Bank LTD.NO.278 v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

The Managing Committee of Thalayolaparambu Farmers Service Co-Operative Bank LTD.NO.278 v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

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