Disposed

The Vallikkunnu Service Cooperative Bank Limited NO.M4 v. Kerala Cooperative Tribunal

Kerala HC10 Jul 2024WP(C)/15463/2024

Case brief

AI extract

What is this about?

A cooperative bank challenged the Co-operative Tribunal's condonation of a 541-day delay in the borrower's revision petitions against loan awards and its interim orders staying sale. The Court directed the Tribunal to finally dispose of the revision petitions within two months, adverting to the issue of delay.

What did the court decide?

Tribunal directed to dispose of revision petitions Nos. 98-101/2023 within two months, considering the issue of delay.

The Vallikkunnu Service Cooperative Bank Limited NO.M4… — Cooperative Societies | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
WP(C) NO. 15463 OF 2024

¶5

PETITIONER:

¶6

THE VALLIKKUNNU SERVICE COOPERATIVE BANK LIMITED
NO.M4, VALLIKKUNNU, MALAPPURAM DISTRICT
REPRESENTED BY ITS SECRETARY, PIN – 673314

¶7

BY ADV ARUN CHANDRAN

¶8

RESPONDENTS:

¶9

1 KERALA COOPERATIVE TRIBUNAL JAWAHAR SAHAKARANABHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695014

¶10

2 USHA K AGED 61 YEARS

¶11

D/O KUNHIRAMAN NAIR, KARUPPATH HOUSE,
ARIYALLUR P.O, ARIYALLUR, AMSOM DESOM
PARAPPANANGADI,MALAPPURAM DISTRICT, PIN – 676312

¶12

SRI.K.M. FIROZ, R1

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶14

¶15

WP(C) No.15463 of 2024

¶16

JUDGMENT

¶17

Dated this the 10^th day of July, 2024

¶18

The petitioner is a Primary Co-operative Credit Society registered and functioning under the provisions of the Kerala Co-operative Societies Act, 1969 and the Rules framed thereunder.

¶19

The 2^nd respondent is a member of the petitioner-

¶20

Society. She had availed four loans from the petitioner-Bank along with three other persons by offering her property as mortgage, in the year 2015. As the 2^nd respondent defaulted in repayment of the loan accounts, the Society initiated ARC proceedings against the 2^nd respondent.

¶21

After hearing the parties concerned, the Arbitrator passed four Awards in favour of the Society. Challenging the said Awards, the 2^nd respondent filed W.P.(C) No.22931 of 2023 and obtained an interim order to defer the sale proceedings consequent to the Awards, on payment of

¶22

¶23

WP(C) No.15463 of 2024

¶24

₹5 lakhs as an interim measure. Thereafter, the interim order

¶25

was extended on 18.09.2023, on payment of another sum of ₹7, 00, 000/-.

¶26

Petitioner states that during the pendency of the above writ petition, the 2^nd respondent filed revision petitions before the Kerala Co-operative Tribunal, Thiruvananthapuram, suppressing material facts, including the pendency of the above writ petition. Further, there was a delay of 541 days, which was condoned by the Tribunal.

¶27

Going by the provisions of the Act, 1969, the Tribunal has no source of power to condone delay. Even then the Tribunal condoned the delay and granted an interim order interdicting the sale on payment of 15% of the Award amounts within a period of 60 days from the order, which was not adhered to by the 2^nd respondent.

¶28

Thereafter, by orders dated 23.02.2024, the Tribunal permitted the 2^nd respondent to remit the balance amount of ₹1,36,000/- so as to calculate 15% of the Award

¶29

WP(C) No.15463 of 2024

¶30

¶31

amounts, after deducting ₹12,00,000/- which was remitted as per the interim directions of this Court in W.P.(C) No.22931 of 2023,

¶32

In fact, the 2^nd respondent has suppressed the material facts so as to obtain the above interim order and the pendency of the above writ petition was never brought to the notice of the Tribunal, contends the petitioner. After securing the interim order from the Tribunal only, the writ petition was withdrawn by the 2^nd respondent. The interim orders passed by the Tribunal are illegal and the revision petitions are not maintainable as the same are hit by limitation and fraud, contended the petitioner.

¶33

The 2^nd respondent entered appearance and resisted the writ petition. The 2^nd respondent submitted that as the revision petitions have been filed invoking the provisions of Section 84 of the Kerala Co-operative Societies Act, 1969, if the petitioner has any grievance relating to delay or condonation of delay, the petitioner has to raise the same

¶34

¶35

WP(C) No.15463 of 2024

¶36

before the Co-operative Tribunal. A writ petition for that purpose is not maintainable.

¶37

I have heard the learned counsel for the petitioner and the learned counsel appearing for the 2^nd respondent.

¶38

The 2^nd respondent has filed four revision petitions before the Kerala Co-operative Tribunal, Thiruvananthapuram. The specific case of the petitioner is that the revision petitions have to be filed within 90 days, which is the reasonable time laid down by various judgments of this Court. The Tribunal has not considered this aspect and is proceeding without considering the issue of delay. It is without condoning the delay that interim orders are being granted to the 2^nd respondent.

¶39

Counsel for the petitioner on the other hand would submit that in view of the judgment in Joseph K.V. v. Secretary, Thodupuzha Co-operative Agricultural and Rural Development Bank [2015 (4) KLT SN 36]. The delay can be condoned by an Appellate or Revisional Forum even in the

¶40

WP(C) No.15463 of 2024

¶41

¶42

absence of an application, if the delay is satisfactorily explained. The petitioner would contend that there is no satisfactory explanation whatsoever.

¶43

Be that as it may since the Tribunal has power to condone the delay though to a limited extent, it would be only appropriate that the Tribunal considers the issue of delay at the earliest. As the pleadings are complete in the revision petitions, it would be only appropriate that the Tribunal dispose of the revision petitions at the earliest.

¶44

The writ petition is therefore disposed of directing the Kerala Co-operative Tribunal, Thiruvananthapuram to finally dispose of Ext.P4 series of revision petitions within a period of two months from the date of receipt of copy of this judgment adverting to the issue of delay also.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.15463 of 2024

¶51

APPENDIX OF WP(C) 15463/2024

¶52

PETITIONER EXHIBITS

¶53

Exhibit P1TRUE COPY OF THE WRIT PETITION (CIVIL)
NO.22931 OF 2023 FILED BY THE 2ND
RESPONDENT BEFORE THIS HON'BLE COURT
DATED 12.07.2023
Exhibit P2TRUE COPY OF THE INTERIM ORDER IN WRIT
PETITION (CIVIL) NO. 22931 OF 2023
DATED 14.07.2023
Exhibit P3TRUE COPY OF THE INTERIM ORDER IN IN
WRIT PETITION (CIVIL) NO. 22931 OF
2023 DATED 18.09.2023
Exhibit P4TRUE COPY OF IA NO. 1/2023 IN WRIT
PETITION (CIVIL) NO. 22931 OF 2023
DATED 23.11.2023
Exhibit P4 (A)TRUE COPY OF REVISION PETITION NO.
98/2023 FILED BY THE 2ND RESPONDENT
BEFORE 1ST RESPONDENT DATED 18.09.2023
Exhibit P4 (B)TRUE COPY OF REVISION PETITION NO.
99/2023 FILED BY THE 2ND RESPONDENT
BEFORE 1ST RESPONDENT DATED 18.09.2023
Exhibit P4 (C)TRUE COPY OF REVISION PETITION NO.
100/2023 FILED BY THE 2ND RESPONDENT
BEFORE 1ST RESPONDENT DATED 18.09.2023
Exhibit P4 (D)TRUE COPY OF REVISION PETITION NO.
101/2023 FILED BY THE 2ND RESPONDENT
BEFORE 1ST RESPONDENT DATED 18.09.2023
Exhibit P5TRUE COPY OF THE JUDGMENT DATED
05.12.2023 IN WRIT PETITION (CIVIL)
NO. 22931 OF 2023
Exhibit P6TRUE COPY OF THE INTERIM ORDER PASSED
BY THE 1ST RESPONDENT IN REVISION
PETITION NO. 98/2023 DATED 24.11.2023
Exhibit P6 (a)TRUE COPY OF THE INTERIM ORDER PASSED
BY THE 1ST RESPONDENT IN REVISION
PETITION NO. 99/2023 DATED 24.11.2023
Exhibit P6 (b)TRUE COPY OF THE INTERIM ORDER PASSED
BY THE 1ST RESPONDENT IN REVISION
PETITION NO. 100/2023

¶54

WP(C) No.15463 of 2024

¶55

¶56

Exhibit P6 (c)TRUE COPY OF THE INTERIM ORDER PASSED
BY THE 1ST RESPONDENT IN REVISION
PETITION NO. 101/2023 DATED 24.11.2023
Exhibit P7TRUE COPY OF THE I.A NO. 703/2023 IN
REVISION PETITION NO. 98/2023
Exhibit P8TRUE COPY OF THE INTERIM ORDER PASSED
BY 1ST RESPONDENT TRIBUNAL IN I.A NO.
167/2024 IN I.A NO. 703/2023 IN
REVISION PETITION NO. 98/2023 DATED
23.02.2024
Exhibit P8 (A)TRUE COPY OF THE INTERIM ORDER PASSED
BY 1ST RESPONDENT TRIBUNAL IN I.A NO.
168/2024 IN I.A NO. 708/2023 IN
REVISION PETITION NO. 99/2023 DATED
23.02.2024
Exhibit P8 (B)TRUE COPY OF THE INTERIM ORDER PASSED
BY 1ST RESPONDENT TRIBUNAL IN I.A NO.
169/2024 IN I.A NO. 712/2023 IN
REVISION PETITION NO. 100/2023 DATED
23.02.2024
Exhibit P8 (C)TRUE COPY OF THE INTERIM ORDER PASSED
BY 1ST RESPONDENT TRIBUNAL IN I.A NO.
170/2024 IN I.A NO. 716/2023 IN
REVISION PETITION NO. 101/2023 DATED
23.02.2024

The Vallikkunnu Service Cooperative Bank Limited NO.M4 v. Kerala Cooperative Tribunal

Case brief

What is this about?

What did the court decide?

The Vallikkunnu Service Cooperative Bank Limited NO.M4 v. Kerala Cooperative Tribunal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.M.Narayanan Vs Mukkom, Service Co-Operative Bank Ltd. No.F 1241

Varghese P.V Vs Mannam Service Co-Operative Bank Limited- 3647

Sunny. M.K Vs the Hosdurg Primary Co-Op Agricultural & Rural Development Bank

Rohind Vs Special Sales Officer -3

Lovis.K.G Vs the Kuttanellur Service Co-Operative Bank Ltd.

Sudheeshkumar Vs Kerala State Co-Operative Bank (Kerala Bank)