High Court of KeralaWP(C)/2240/2015disposed of

Trichur Urban Co-Operative Bank Ltd. v. Assistant Registrar (General)

2015-01-22Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 W.P.(C).No. 2240 of 2015 (D) --------------------------- PETITIONER :

--------------------- TRICHUR URBAN CO-OPERATIVE BANK LTD. NO.87, MISSION QUARTERS, THRISSUR REPRESENTED BY ITS GENERAL MANAGER IN CHARGE, SMT.SATHI DEVI.

BY ADV. SRI.C.D.DILEEP, SC,TRICHUR URBAN CO-OPERATIVE BANK RESPONDENT(S) :

----------------------------

1. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, AYYANTHOLE, THRISSUR, PIN 680 003

2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CIVIL LINE, AYYANTHOLE, THRISSUR, PIN 380 003.

3. BENOY, S/O.SUDAKARAN, ATHIYARATH HOUSE, MUKUNDAPURAM TALUK, KURUMBILAVU VILLAGE, PAZHUVIL DESAM, THRISSUR, PIN 680 564

4. SUDAKARAN, S/O VELAYUDHAN, ATHIYARATH HOUSE, MUKUNDAPURAM TALUK, KURUMBILAVU VILLAGE, PAZHUVIL DESAM, THRISSUR, PIN 680 564 R1 AND R2 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

W.P.(C).No. 2240 of 2015 (D) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

-------------------------------------- EXT.P1 :

TRUE COPY OF THE AWARD IN ARC.2784/2001 DATED 28.09.2001 IN FAVOUR OF THE PETITIONER BANK.

EXT.P2 :

TRUE COPY OF THE PETITION DATED 18.08.2012 FILED BY THE PETITIONR BEFORE THE 1ST RESPONDENT TO TRANSFER THE EXECUTION PETITION E.P.1658/2002 TO THE SUB COURT, IRINJALAKUDA, TRISSUR DISTRICT.

EXT.P3 :

TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 25.06.2014 IN FORM NO.12 IN FAVOUR OF EXECUTING THE AWARD THROUGH CIVIL COURT.

EXT.P4 :

TRUE COPY OF THE 2ND PETITION DATED 11.12.2014 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TO TRANSFER THE EXECUTION PETITION E.P.1658/2002 TO THE SUB COURT, IRINJALAKUDA, THRISSUR DISTRICT.

RESPONDENT(S)' EXHIBITS :

NIL ------------------------------------------- /TRUE COPY/ PA TO JUDGE VS

V.CHITAMBARESH, J --------------------------- W.P.(C) No.2240 of 2015 ---------------------------------------- Dated this the 22nd day of January, 2015

JUDGMENT

The petitioner seeks to execute the award in ARC.2784/2001 by recourse to Section 76 of the Kerala Co-operative Societies Act, 1969. The petitioner has already obtained a certificate in terms of Rule 72 of the Kerala Co-operative Societies Rules and seeks a transfer of the Execution Petition to the Civil Court. Ext.P4 representation submitted by the petitioner in this regard is pending consideration with the first respondent to which respondents 3 and 4 are also parties.

2. I direct the first respondent to consider Ext.P4 application with notice to the petitioner as well as respondents 3 and 4. The need full shall be done within a period of two months from the receipt of the copy of the judgment.

The writ petition is disposed of.

Sd/- V.CHITAMBARESH JUDGE vs