High Court of KeralaWP(C)/24755/2014disposed of

Kalloorkad Farmers Co-Operative Bank Ltd No. 2605 v. Biju Paul

2015-03-12Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 24755 of 2014 (T) ---------------------------- PETITIONER(S):

---------------- KALLOORKAD FARMERS CO-OPERATIVE BANK LTD NO. 2605, KALLOORKAD P.O., PIN-686668, ERNAKULAM DISTRICT REPRESENTED BY ITS MANAGING DIRECTOR-IN-CHARGE SANTHAMMA P.K.

BY ADV. SRI.P.V.BABY RESPONDENT(S):

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

1. BIJU PAUL, OONUKALLEL HOUSE, KALLOORKAD P.O.

ERNAKULAM DISTRICT-686668.

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM-682016.

R1 BY ADV. SRI.MATHEW JOHN (K) R1 BY ADV. SRI.DOMSON J.VATTAKUZHY R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24755 of 2014 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1: COPY OF THE APPLICATION DATED 16/5/1995 SUBMITTED BY THE 1ST RESPONDENT IN THE PETITIONER BANK.

P2: COPY OF THE RESOLUTION NO.136/2011 DATED 29/1/2005. P3: COPY OF THE COMMUNICATION DATED 16/2/2005 SEND BY THE PETITIONER TO THE 1ST RESPONDENT UNDER REGISTERED POST.

P4: COPY OF THE POSTAL RECEIPTS FOR HAVING SENT EXT.P3 TO THE 1ST RESPONDENT ALONG WITH 3 OTHERS.

P5: COPY OF THE ORDER DATED 5/3/2014 OF THE 2ND RESPONDENT RECEIVED BY THE PETITIONER ON 10/3/2014.

P6: COPY OF THE REPRESENTATION DATED 27/6/2014 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.24755 of 2014 --------------------- Dated this the 12th day of March, 2015

J U D G M E N T

The petitioner challenges Ext.P5 order on the following grounds:- i) Ext.P5 order has been passed without notice to the petitioner.

ii) Ext.P5 order militates against Ext.P3 order as regards payment of interest.

2. I quash Ext.P5 order and direct the second respondent to pass fresh orders thereon. The same shall be done with notice to the petitioner within a period of one month.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.