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High Court of KeralaWP(C)/29562/2014disposed of

The Thalayolaparambu Farmers Service Co-Op. Bank Ltd.No.278 v. The Kaduthuruthy Co-Op. Rubber Marketing & Processing Society Ltd.

2015-02-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 29562 of 2014 (U) ---------------------------- PETITIONER:

------------------ THE THALAYOLAPARAMBU FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.278, REPRESENTED BY ITS MANAGING DIRECTOR, THALAYOLAPARABU, KOTTAYAM - 686 605.

BY ADVS.SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI SRI.C.P.SABARI RESPONDENTS:

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

1. THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD. NO. K. 1397, REPRESENTED BY MANAGING DIRECTOR, KADUTHURUTHY - 686 604, KOTTAYAM.

2. THE MANAGING COMMITTEE OF THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD. NO. K 1397 , REPRESENTED BY PRESIDENT, KADUTHURUTHY - 686 604, KOTTAYAM.

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOTTAYAM- 686 001.

R1 BY ADV. SRI.K.C.SANTHOSHKUMAR R1 BY ADV. SMT.K.K.CHANDRALEKHA BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29562 of 2014 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE FD RECEIPTS ISSUED BY THE IST AND 2ND RESPONDENT BANK.

EXHIBIT P2 - TRUE COPY OF THE JUDGMENT DATED 15/07/2013 IN W.P(C) 16248/2013.

EXHIBIT P3 - TRUE COPY OF THE DETAILS OF THE LANDED PROPERTY HOLDING BY THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 29562 OF 2014 ------------------------------------ Dated this the 2nd day of February, 2015

JUDGMENT

The liability to refund the amount in fixed deposit due to the petitioner is not disputed. The first respondent Society only seeks breathing time to repay the amount due to the petitioner with interest.

2.

The amount in fixed deposit shall be refunded to the petitioner with the agreed interest in six equal bimonthly instalments starting from 02.03.2015.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd