Allowed

Ashok Kumar v., v. the Registrar of Co-Operative Societies

Kerala HC16 Feb 2021WP(C)/928/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Mavelikara Taluk Co-operative Bank and its manager to release the sum deposited in the petitioners' savings bank accounts within three months. The court held that the SB accounts were not implicated in the financial misappropriation allegations against the bank.

What did the court decide?

Direction to the third, fourth, and fifth respondents to release the amounts deposited in SB accounts covered by Exts.P1 and P2 to the petitioners within three months.

Ashok Kumar v., Vs the Registrar of Co-Operative Societies — Banking and Recovery | 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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TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

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WP(C).No.928 OF 2021(M)

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PETITIONER/S:

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1 ASHOK KUMAR V., AGED 67 YEARS S/O. LATE P. K. VASUDEVAN PILLAI, ANANDA BHAVAN, PRAYAR, PANDANAD NORTH P. O., KALLISSERY, CHENGANNUR - 689 124.

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2 MADHUBALA AGED 65 YEARS W/O. ASHOK KUMAR, ANANDA BHAVAN, PRAYAR, PANDANAD NORTH P. O., KALLISSERY, CHENGANNUR - 689 124.

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BY ADVS. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

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RESPONDENT/S:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

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2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA - 691 001.

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3 MAVELIKARA TALUK CO-OPERATIVE BANK LTD. NO.707 REP. BY ITS SECRETARY, OFFICE OF THE MAVELIKKARA TALUK CO-OPERATIVE BANK LTD., PULIMOOD JUNCTION, MAVELIKARA P. O. - 690 101.

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4 THE MANAGER THAZHAKKARA BRANCH, MAVELIKKARA TALUK COOPERATIVE BANK LTD. NO.707, THAZHAKKARA P. O., MAVELIKARA - 690 101.

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WP(C).No.928 OF 2021(M)

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5 THE PRESIDENT MAVELIKARA TALUK CO-OPERATIVE BANK LTD. NO.707, OFFICE OF THE MAVELIKKARA TALUK CO-OPERATIVE BANK LTD., PULIMOOD JUNCTION, MAVELIKARA P. O. - 690 101.

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BY ADV. ARJUN R NAIK BY ADV. SALIH P.A BY ADV. SRI.B.ASHOK SHENOY BY ADV. SRI.P.S.GIREESH BY ADV. SRI.RIYAL DEVASSY SR.GP K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.928 OF 2021(M)

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JUDGMENT

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The petitioners who are aged old ailing couple had deposited some amount in the SB account in the fourth respondent, Branch of Mavelikkara Taluk Service Cooperative Bank. It seems that the bank went into financial difficulties, due to the alleged manipulation of several fixed deposits and falsification of accounts. Proceedings are going on. In the meanwhile, the amount in the SB accounts are not being released. The relief sought by the petitioners is for a direction, to order the bank to release the money available in the SB accounts.

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At the time of hearing, it was submitted by the learned standing counsel for the bank that, these SB accounts are not in any manner involved in the allegations of financial misappropriation or subject of any proceedings. Legally, there is no bar in releasing the amount to the petitioners on their request. Having

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WP(C).No.928 OF 2021(M)

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considered this, I am inclined to dispose of the Writ Petition, with a direction to the third, fourth and fifth respondents shall release the amounts deposited in SB accounts covered by Exts.P1 and P2 to the petitioners, as expeditiously as possible, at any rate within a period of three months from today.

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Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C).No.928 OF 2021(M)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE 1ST PETITIONER'S SB BANK ACCOUNT PASS BOOK BEARING ACCOUNT NO.1529 MAINTAINED WITH THAZHAKKARA BRANCH OF 3RD RESPONDENT

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EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGE OF THE 2ND PETITIONER'S SB BANK ACCOUNT PASS BOOK BEARING ACCOUNT NO.1215 MAINTAINED WITH THAZHAKKARA BRANCH OF 3R RESPONDENT

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EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 22/10/2020 OF THIS HON'BLE COURT IN W.P(C)NO.18676/2020.

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RESPONDENT'S/S EXHIBITS NIL

Ashok Kumar v., v. the Registrar of Co-Operative Societies

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Ashok Kumar v., v. the Registrar of Co-Operative Societies

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