Petitioners sought adjustment of their fixed deposits in one co-operative bank against liability to another bank. Following a Division Bench decision in W.A.No.614 of 2022 and connected cases, the court held the relief could not be granted and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 22310 OF 2022
PETITIONERS:
1SANTHOSH KUMAR.S,
AGED 50 YEARS,
S/O.B.SREEDHARAN NAIR, VALLOOR PUTHEN VEEDU,
CHENNITHALA P.O., KIZHAKKEVAZHY, THRIPERUNTHURA,
MAVELIKKARA.
2OMANAAMMA M.
AGED 71 YEARS,
W/O.B.SREEDHARAN NAIR, VALLOOR PUTHEN VEEDU,
CHENNITHALA P.O., KIZHAKKEVAZHY, THRIPERUNTHURA,
MAVELIKKARA.
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM – 690 014.2 THE JOINT-REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT-REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPUZHA, ALAPPUZHA DISTRICT,PIN – 688 001.3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MAVELIKARA , ALAPPUZHA DISTRICT, PIN – 690 101.4 THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707, HAVING ITS HEAD OFFICE AT PULIMOODU JUNCTION, MAVELIKARA P.O, ALAPPUZHA,PIN – 690 101, REPRESENTED BY ITS SECRETARY.WP(C) NO. 22310 OF 2022
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5 THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO.707, THAZHAKARA BRANCH, THAZHAKKARA P.O, MAVELIKARA, REPRESENTED BY ITS SECRETARY, PIN – 690 101.6THE SECRETARY,
THE MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED
NO.707, THAZHAKKARA BRANCH, THAZHAKKARA P.O,
MAVELIKARA,PIN-690 101.
7 CHENNITHALA-THRIPPERUMTHURA SERVICE CO-OPERATIVE BANK LITD., NO.3553,HEAD OFFICE ,CHENNITHALA ,MAVELIKARA,
REPRESENTED BY ITS SECRETARY, PIN – 690 105.
8 THE SPECIAL SALE OFFICER, ARBITRATION EXECUTION, ASSISTANT REGISTRAR OFFICE, MAVELIKKARA, PIN – 690 101.BY ADVS.
SRI B.ASHOK SHENOY,
SRI GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI P.S.GIREESH(K/341/2013)
SRI RAYMOND GEORGE DIAS(K/000933/2018)
SRI THEJALAKSHMI R.S.(K/001390/2022)
SRI MANU SRINATH
SRI RAJAN G. GEORGE
SRI BINOY DAVIS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22310 OF 2022
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JUDGMENT
The petitioners seek adjustment of amounts maintained in Fixed Deposits with the 5th respondent Bank against their liability with the 7th respondent Bank.
In the light of the decision of the decision of the Division Bench in W.A.No.614 of 2022 and connected cases, the relief sought for by
the petitioners cannot be granted. The writ petition fails and it is accordingly dismissed.
Sd/GOPINATH P. JUDGE
DK
WP(C) NO. 22310 OF 2022
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APPENDIX OF WP(C) 22310/2022
PETITIONER EXHIBITS
Exhibit-P1TRUE COPY OF THE DEPOSIT CERTIFICATE BEARING
NO.51195 DATED 24.11.2017 ISSUED BY THE 5TH
RESPONDENT BANK
Exhibit-P2TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51196
Exhibit-P3TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51197
Exhibit-P4TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51198
Exhibit-P5TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51199
Exhibit P6TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51200
Exhibit-P7TRUE COPY OF THE FIXED DEPOSIT DATED
24.11.2017 BEARING NO.51201 ISSUED BY THE
5TH RESPONDENT BANK
Exhibit-P8TRUE COPY OF THE DEPOSIT CERTIFICATE VIDE
FD. ACCOUNT NO.4076/2015-16 DATED 30.06.2015
ISSUED BY THE 5TH RESPONDENT BANK
Exhibit-P9TRUE COPY OF THE NOTICE ISSUED TO THE 1ST
PETITIONER IN A.R.C.NO.15/22
Exhibit P10TRUE COPY OF THE PLAINT IN A.R.C.NO.15/2022
Exhibit P-11TRUE COPY OF THE JUDGMENT DATED 23.2.2022 IN
W.P(C).NO.3624/2022
RESPONDENT EXHIBITS
Exhibit R7(a)A TRUE COPY OF AWARD DATED 28/1/2022 IN ARC
NO.15/2022 PASSED BY THE ARBITRATOR AND
COOPERATIVE INSPECTOR
1 issue framed by the court
Whether fixed deposits with one co-operative bank can be adjusted against the petitioners' liability with another co-operative bank.
Colour shows how this judgement treated each authority
W.A.No.614 of 2022Referred
Santhosh Kumar S
Omanaamma M
Registrar of Co-operative Societies, Kerala State
Joint Registrar of Co-operative Societies, Alapuzha
Assistant Registrar of Co-operative Societies, Mavelikara
The Mavelikara Taluk Co-operative Bank Limited No.707
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court