Disposed

Usha.K., v. Vallikkunnu Service Co-Operative Bank Ltd. NO.M4

Kerala HC5 Dec 2023WP(C)/22931/2023

Case brief

AI extract

What is this about?

Writ petition filed to quash sale notices and dispensation with translation. Court observed that the issue is pending before the competent Kerala Co-operative Tribunal, which has granted stay orders. Petition disposed of allowing petitioner to prosecute revisions before Tribunal.

What did the court decide?

Petitioner left at liberty to prosecute revision petitions before the Tribunal; writ petition disposed of; all questions raised left open.

Usha.K., Vs Vallikkunnu Service Co-Operative Bank Ltd… — Cooperative Societies | Kerala HC (2023)

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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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TUESDAY, THE 5^TH DAY OF DECEMBER 2023 / 14TH AGRAHAYANA, 1945

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WP(C) NO. 22931 OF 2023

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PETITIONER:

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USHA.K., AGED 60 YEARS, D/O. KUNHIRAMAN NAIR, 'USHA NURSERY' ARIYALLOOR, MALAPPURAM DISTRICT-., PIN – 676312.

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BY ADV K.M.FIROZ

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RESPONDENTS:

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1 VALLIKKUNNU SERVICE CO-OPERATIVE BANK LTD NO.M4 NO 74, VALLIKKUNNU, MALAPPURAM PIN - 673314 REPRESENTED BY ITS SECRETARY.

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2 THE SPECIAL SALE OFFICER EDARIKODE SCB GROUP CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), TIRURANGADI, MALAPPURAMM, PIN – 676306.

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3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF ASSISTANT REGISTRAR, TIRURANGADI, MALAPPURAMM, PIN – 676306.

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4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -, PIN – 695001.

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BY ADVS.

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ARUN CHANDRAN HARIMOHAN ANJALY T.A MABLE C KURIAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.22931 of 2023

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:2:

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J U D G M E N T

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Dated this the 5^th day of December, 2023

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The writ petition has been filed by the petitioner seeking the

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following reliefs:-

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“i) To call for the records leading to Exts.P1 to P4 and set aside Ext.P3, P3(a), P3(b) and P3(c) notices and Ext.P4 by issuing a writ of certiorari or any other appropriate writ, direction or order.

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ii) To declare that Ext.P3, P3(a), P3(b) and P3(c) notices and Ext.P4 are illegal, irregular and unsustainable.

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iii) To dispense with production of English translation of Exhibits in Malayalam / Vernacular language.

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iv) To grant such other reliefs in favour of the petitioner as this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case.”

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2. When this writ petition came up for admission, this

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Court passed an interim order on 14.07.2023 to the following

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effect:-

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“There will be an interim order as prayed for, for a period of one month on condition that the petitioner remits a sum of ₹5,00,000/- (Rupees Five Lakhs Only) towards the loan liability before 05.00 pm on 19.07.2023.”

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W.P.(C) No.22931 of 2023

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:3:

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The petitioner states that the amount directed to be

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paid as per the interim order has been paid. Subsequently, the petitioner approached the Kerala Co-operative Tribunal filing four separate revision petitions as R.P.Nos.98, 99, 100 and 101 of 2023. Counsel for the petitioner submits that the Tribunal has granted conditional stay orders in those revision petitions.

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As a competent Tribunal is considering the issue

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involved in this writ petition, I do not deem it fit to further proceed with the writ petition.

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Accordingly, the writ petition is disposed of recording the submission made by the Counsel for the petitioner. The petitioner will be at liberty to prosecute the revision petitions before the Tribunal in accordance with law. All questions raised in the writ petition are left open.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.22931 of 2023

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:4:

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APPENDIX OF WP(C) 22931/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PASSED IN ARC NO THE 2ND RESPONDENT	AWARD DATED 31-10-2019 2434 OF 2018 PASSED BY
Exhibit P1(a)	TRUE COPY OF THE PASSED IN ARC NO THE 2ND RESPONDENT	AWARD DATED 31-10-2019 2435 OF 2018 PASSED BY
Exhibit P1(b)	TRUE COPY OF THE PASSED IN ARC NO THE 2ND RESPONDENT	AWARD DATED 31-10-2019 2436 OF 2018 PASSED BY
Exhibit P1(c)	TRUE COPY OF THE PASSED IN ARC NO THE 2ND RESPONDENT	AWARD DATED 31-10-2019 2437 OF 2018 PASSED BY
Exhibit P2	TRUE COPY OF NOTIC 6-2023 IN RESPECT OF 2018 ISSUED BY	E IN FORM NO 8 DATED 9- OF AWARD IN ARC NO 2434 THE 2ND RESPONDENT
Exhibit P2(a)	TRUE COPY OF NOTI 9-6-2023 IN RESPE 2435 OF 2018 ISSUE	CE IN FORM NO 8 DATED CT OF AWARD IN ARC NO D BY THE 2ND RESPONDENT
Exhibit P2(b)	TRUE COPY OF NOTI 9-6-2023 IN RESPE 2436 OF 2018 ISSUE	CE IN FORM NO 8 DATED CT OF AWARD IN ARC NO D BY THE 2ND RESPONDENT
Exhibit P2(c)	TRUE COPY OF NOTI 9-6-2023 IN RESPE 2437 OF 2018 ISSUE	CE IN FORM NO 8 DATED CT OF AWARD IN ARC NO D BY THE 2ND RESPONDENT
Exhibit P3	TRUE COPY OF NOTIC FORM NO 9 DATED PETITIONER SCHEDU 20-7-2023 ISSUED B	E PURPORTEDLY ISSUED IN 30-6-2023 ISSUED TO LING PUBLIC SALE ON Y THE 2ND RESPONDENT
Exhibit P3(a)	TRUE COPY OF NOTIC	E PURPORTEDLY ISSUED IN
	FORM NO 9 DATED	30-6-2023 ISSUED TO MR
	KAILASNATH AND PUBLIC SALE ON 20-	PETITIONER SCHEDULING 7-2023 ISSUED BY THE 2ND

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W.P.(C) No.22931 of 2023

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:5:

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RESPONDENT

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Exhibit P3(b) TRUE COPY OF NOTICE PURPORTEDLY ISSUED IN FORM NO 9 DATED 30-6-2023 ISSUED TO MR SREENARAYANAN TP AND PETITIONER SCHEDULING PUBLIC SALE ON 20-7-2023 ISSUED BY THE 2ND RESPONDENT Exhibit P3(c) TRUE COPY OF NOTICE PURPORTEDLY ISSUED IN FORM NO 9 DATED 30-6-2023 ISSUED TO ASWIN AND PETITIONER SCHEDULING PUBLIC SALE ON 20-7-2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE PAPER PUBLICATION OF THE PROPOSED SALE PUBLISHED IN MATHRUBHOOMI DAILY ISSUED BY THE 2ND RESPONDENT DATED 6-7-2023 IN RESPECT OF FIRST RESPONDENT BANK

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Exhibit P5 TRUE COPY OF THE REVISION PETITION NO. 98 OF 2023 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM (CAMP AT CALICUT)

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Exhibit P6 TRUE COPY OF THE REVISION PETITION NO. 99 OF 2023 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM (CAMP AT CALICUT)

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Exhibit P7 TRUE COPY OF THE REVISION PETITION NO. 100 OF 2023 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANTHAPURAM (CAMP AT CALICUT)

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Exhibit P8 TRUE COPY OF THE REVISION PETITION NO. 101 OF 2023 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM (CAMP AT CALICUT)

Usha.K., v. Vallikkunnu Service Co-Operative Bank Ltd. NO.M4

Case brief

What is this about?

What did the court decide?

Usha.K., v. Vallikkunnu Service Co-Operative Bank Ltd. NO.M4

Case brief

What is this about?

What did the court decide?

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A compact analysis

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