Disposed

Aroor Puthuvaranad Devaswom Private Trust v. Kerala Bank(Erstwhile Alappuzha District Cooperative Bank Ltd.)

Kerala HC6 Jan 2022WP(C)/18516/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to permit the Trust to operate its bank accounts. While noting interim orders appointing a receiver, the Court granted liberty to the petitioners to produce KYC documents and certified copies of judgments. It directed the banks to consider the request after receipt of these documents.

What did the court decide?

Granted liberty to produce KYC and certified judgments; directed respondents to consider the request for account operation thereafter.

Aroor Puthuvaranad Devaswom Private Trust Vs Kerala… — Banking and Recovery | Kerala HC (2022)

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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 N.NAGARESH

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THURSDAY, THE 6^TH DAY OF JANUARY 2022/16TH POUSHA, 1943 WP(C) NO. 18516 OF 2021

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PETITIONERS:

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1 AROOR PUTHUVARANAD DEVASWOM PRIVATE TRUST, AROOR VILLAGE, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534, REPRESENTED BY THE PRESIDENT.

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2 THE PRESIDENT, AROOR PUTHUVARANADU DEVASWOM PRIVATE TRUST, AROOR VILLAGE, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534 (G.PARTHASARATHY PILLAI, S/O.GOVINDAN KAMBAKKAARAN, AGED 84, PARVATHY NILAYAM, AROOR VILLAGE, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534, REPRESENTED BY POWER OF ATTORNEY, SUBHASH CHANDRAN, S/O.PARAMESWARAN KAMBAKKAARAN, AGED 68, REETHA NIVAS, NEAR SAMADHI MANDIRAM, PALLIKULAM, CHIRRAKKAL, KANNUR DISRICT - 670 011 FROM PARVATHY NILAYAM, AROOR VILLAGE, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534).

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3 THE SECRETARY, AROOR PUTHUVARANADU DEVASWOM PRIVATE TRUST, AROOR VILLAGE, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534 (DR.RAJEEV, S/O.PRABHAKARAN KAMBAKKARAN, AGED 60, RESIDING AT AMRUTHAM (KANDATHIL PARAMBIL), AROOR VILLAGE, AROOR P.O.,CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534).

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BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.

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WP(C)No.18516/2021

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C.PURUSHOTHAMAN NAIR SANAL C.S NITHEESH.M

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RESPONDENTS:

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1 KERALA BANK (ERSTWHILE ALAPPUZHA DISTRICT COOPERATIVE BANK LTD.), AROOR BRANCH, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534, REPRESENTED BY ITS MANAGER.

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2 THE MANAGER, KERALA BANK (ERSTWHILE ALAPPUZHA DISTRICT COOPERATIVE BANK LTD.), AROOR BRANCH, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534.

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3 STATE BANK OF INDIA (FORMERLY STATE BANK OF TRAVANCORE), AROOR NATIONAL HIGHWAY BRANCH, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534, REPRESENTED BY ITS MANAGER.

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4 THE MANAGER, STATE BANK OF INDIA (FORMERLY STATE BANK OF TRAVANCORE), AROOR NATIONAL HIGHWAY BRANCH, AROOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688 534.

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BY ADVS. R1-R2 SRI. THOMAS ABRAHAM R3 SRI. T.SETHUMADHAVAN (SR.) R3 SMT. PREETHI. P.V. R3 SRI. M.V.BALAGOPAL R3 SMT. DEEPA NARAYANAN R4 SRI. SRI.JITHESH MENON, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.18516/2021

JUDGMENT

Dated this the 6^th day of January, 2022

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The petitioners who are Aroor Puthuvaranad

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Devaswom Private Trust and its office bearers have filed this writ petition seeking to direct respondents 1 and 2 to permit the petitioners to operate the savings account in the name of the 1^st petitioner Trust maintained with respondents 1 and 3.

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The learned Standing Counsel representing respondents 3 and 4 submitted that the petitioner has not produced the KYC and once the petitioner files KYC forms duly filled, assigned with proper account number, then respondents 3 and 4 can consider application of the petitioners to operate the bank accounts.

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The learned Standing Counsel for respondents 1 and 2 submits that O.S. No.206/2017 was pending in the

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WP(C)No.18516/2021

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Additional Munsiff's Court, Chertahala, from where an interim order was received by the bank. The interim order dated 25.11.2013 in E.A. No.150/2013 in E.P. No.226/2011 in O.S. No.1109/2002 intimated that an Advocate Receiver was appointed for preservation of properties of the 1^st petitioner Trust. The Court directed that the accounts of the petitioner with the respondent bank can only be operated by the Receiver from the date of assuming charge. Therefore, respondents 1 and 2 did not permit the petitioners to operate the bank account.

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After that, the petitioner has not produced any final order in respect of the suit. The learned counsel for the petitioner submits that all the suits as well as appeals filed in the Munsiff's Court and before this Court culminated in favour of the petitioner. Therefore respondents 1 and 2 cannot be barred from operating bank accounts. The learned Standing Counsel for respondents 1 and 2 submits

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that if the petitioner produce certified/attested copies of the final judgments in the O.S. and R.S.A. along with other necessary documents, respondents 1 and 2 will consider the application of the petitioners to operate the bank accounts, in accordance with law.

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Accordingly, the writ petition is disposed of granting liberty to the petitioner to produce KYC before respondents 3 and 4 and to produce certified/attested copies of the judgments in O.S. and R.S.A. with other supporting documents, before respondents 1 and 2. Once the respondents receive the afore documents, the respondents shall take appropriate decision on the request of the petitioners to operate bank accounts, in accordance with law.

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Sd/- N. NAGARESH JUDGE

ncd/06.01.2022

APPENDIX OF WP(C) 18516/2021

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 27/5/2014 IN R.S.A.NO.820/2013 OF THIS HONOURABLE COURT. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 19/3/2016 IN O.S.NO.1109/2002 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA. Exhibit P3 TRUE COPY OF THE MINUTES OF THE GENERAL ELECTION HELD ON 26/3/2017 OF THE 1ST PETITIONER TRUST. Exhibit P4 TRUE COPY OF THE ORDER DATED 12/4/2017 IN I.A.NO.1267/2017 IN O.S.NO.206/2017 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 2/8/2018 IN C.M.A.NO.9/2017 OF THE SUB COURT, CHERTHALA. Exhibit P6 TRUE COPY OF THE GENERAL BODY MINUTES DATED 13/10/2019 OF THE 1ST PETITIONER TRUST. Exhibit P6(A) TRUE COPY OF THE GENERAL BODY NOTICE DATED 25/9/2019 OF THE 1ST PETITIONER TRUST. Exhibit P6(B) TRUE COPY OF THE ANNUAL REPORT DATED 20/9/2019 OF AROOR PUTHUVARANAD DEVI TEMPLE. Exhibit P6(C) TRUE COPY OF THE INCOME EXPENDITURE ACCOUNT (BALANCE SHEET) FOR THE FINANCIAL YEAR COMMENCING ON 1/4/2018 AND ENDING ON 31/3/2019 OF AROOR PUTHUVARANAD DEVI TEMPLE. Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONERS. Exhibit P8 TRUE COPY OF THE PETITION DATED

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10/3/2020 IN I.A.NO.1/2020 IN R.S.A.NO.820/2013 BEFORE THIS HONOURABLE COURT WITHOUT ANNEXURES. Exhibit P9 TRUE COPY OF THE ACCOUNT STATEMENT DATED 4/1/2013 IN SAVINGS ACCOUNT NO.1797 OF THE 1ST RESPONDENT BANK. Exhibit P10 TRUE COPY OF THE 1ST PAGE OF THE PASSBOOK OF THE SAVINGS ACCOUNT N.671774713 OF THE 3RD RESPONDENT.

Aroor Puthuvaranad Devaswom Private Trust v. Kerala Bank(Erstwhile Alappuzha District Cooperative Bank Ltd.)

Case brief

What is this about?

What did the court decide?

Aroor Puthuvaranad Devaswom Private Trust v. Kerala Bank(Erstwhile Alappuzha District Cooperative Bank Ltd.)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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