Disposed

Mariamma K.J v. the Administrator, Pallithode Service Co-Operative Bank

Kerala HC23 Jul 2024WP(C)/17701/2012

Case brief

AI extract

What is this about?

Writ petition over delay by a co-operative bank in returning a matured deposit. The bank's authorities were impleaded and agreed to refund the balance; the court permitted repayment of Rs.1,50,000/- in six monthly installments starting 17.08.2024 and disposed of the petition.

What did the court decide?

Refund of Rs.1,50,000/- in six installments starting 17.08.2024, to be completed within six months.

Mariamma K.J Vs *the Administrator, Pallithode Service… — Cooperative Societies | Kerala HC (2024)

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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 P.M.MANOJ

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TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946

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WP(C) NO. 17701 OF 2012

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PETITIONER:

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MARIAMMA K.J
AGED 42 YEARS
PANDARI HOUSE,
PYARI JUNCTION,
THOPPUMPADY, COCHIN-682005.

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BY ADVS.
PRIYADARSINI VINCENT PV
SANJANA R.NAIR(K/134/2002)

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RESPONDENTS:

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1 *THE ADMINISTRATOR, PALLITHODE SERVICE CO-OPERATIVE BANK* PALLITHODE SERVICE CO-OPERATIVE BANK, P.O., ALAPPUZHA-688584.

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*CORRECTED AS PALLITHODE SERVICE CO-OPERATIVE BANK LTS. REPRESENTED BY ITS SECRETARY, P.O. ALAPUZZHA - 688584 (ADDRESS OF R1 SUO MOTU CORRECTED AS PER ORDER DATED 26-03-2024 IN WP(C) 17701/2012)

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2 THE ASSISTANT REGISTRAR CO-OOPERATIVE SOCIETIES, CHERTHALA-688524.

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3 THE REGISTRAR, C0-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-01.

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4 JOINT REGISTRAR, CO-OPERATIVE SOCEITY, ALAPPUZHA-01.

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*5 ADDL.R5 THE PALLITHODE SERVICE COOPERATIVE BANK LTD.NO.1252 THURAVOOR, CHERTHALA, PALLITHODE.P.O, ALAPPUZHA-688540

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REPRESENTED BY ITS SECRETARY

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WP(C) NO.17701 OF 2012

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*6ADDL.R6 THE SECRETARY,
THE PALLITHODE SERVICE COOPERATIVE BANK
LTD.NO.1252, THURAVOOR, CHERTHALA,
PALLITHODE P.O., ALAPPUZHA - 688540
*7ADDL.R7 THE PRESIDENT,
THE PALLITHODE SERVICE COOPERATIVE BANK
LTD.NO.1252, THURAVOOR, CHERTHALA,
PALLITHODE P.O., ALAPPUZHA – 688540
[ADDITIONAL RESPONDENTS 5 TO 7 ARE IMPLEADED AS
PER ORDER DATED 23.07.2024 IN I.A. NO.1 OF 2024]
BY ADVS.
SRI.M.R.SARIN, FOR ADDL. R5 TO R7
SRI.E.G.GORDEN, GOVERNMENT PLEADER FOR R2 TO R4

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO.17701 OF 2012
 3

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P.M. MANOJ, J

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W.P.(C) No.17701 of 2012

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Dated this the 23^rd day of July, 2024

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JUDGMENT

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The writ petition is preferred being aggrieved by the delay occurred in returning the amount deposited with the 1^st respondent-Society even after its maturity date. In that regard, the petitioner has approached many forums to get her matured amounts, with its consequential benefits.

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When the matter is taken up for consideration today by I.A. No.1 of 2024, the authorities of the society in question were impleaded as additional respondents 5 to 7. On allowing the same, it is stated by the counsel for the society that the

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WP(C) NO.17701 OF 2012

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society is ready to refund the amount. It is stated by the counsel for the petitioner that she has deposited altogether Rs.3,00,000/-, out of which Rs.1,50,000/- has already been paid, and the remaining amount is Rs.1,50,000/- and the newly impleaded respondents seek six installments to repay the same.

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I have heard the learned counsel for the petitioner, the learned Government Pleader for respondents 2 to 4 and the learned counsel for additional respondents 5 to 7.

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On considering the nature of the prayer, it is apposite to permit the respondent-Society to pay the amount due to the petitioner in six installments. The fist installment starts from 17.08.2024. Needless to say the entire amount has to be repaid within the permissible six months from the date of first installment.

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WP(C) NO.17701 OF 2012

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The writ petition is disposed of as above.

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Sd/P.M. MANOJ JUDGE

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SSS

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WP(C) NO.17701 OF 2012

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APPENDIX OF WP(C) 17701 OF 2012

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PETITIONER EXHIBITS

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Exhibit P1	PHOTOCOPY 29.02.2010. N	OF O.0226	RECEIPT 7.	DATED
Exhibit P1(A)	PHOTOCOPY 29.02.2010 NO	OF .0233	RECEIPT 2.	DATED
Exhibit P1(B)	PHOTOCOPY 29.02.2010 NO	OF .0233	RECEIPT 3.	DATED
Exhibit P2	PHOTOCOPY 09.02.2010.	OF	PETITION	DATED
Exhibit P3	PHOTOCOPY 19.12.2010.	OF	REPLY	DATED
Exhibit P4	PHOTOCOPY 29.10.2011.	OF	PETITION	DATED

Mariamma K.J v. the Administrator, Pallithode Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Mariamma K.J v. the Administrator, Pallithode Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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