High Court of KeralaWP(C)/30192/2014disposed of

The Thalayolaparambu Farmers Service Co-Operative Bank Ltd No 278 v. The Meenachil Rubber Marketing & Processing Co-Operative Society Ltd No K 118

2015-03-11Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 30192 of 2014 (Y) ---------------------------- PETITIONER:

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

BY ADV. SRI.P.N.MOHANAN RESPONDENTS:

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

1. THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD NO.K.118, REPRESENTED BY MANAGING DIRECTOR, PALA - 686 575, KOTTAYAM.

2. THE MANAGING COMMITTEE OF THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD NO.K.118, REPRESENTED BY PRESIDENT, PALA-686 575, KOTTAYAM.

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

R1 & R2 BY ADV. SRI.SHAJI THOMAS R1 & R2 BY ADV. SRI.BINU PAUL R1 & R2 BY ADV. SRI.T.V.VINU R1 & R2 BY ADV. SRI.GEORGE PULIKUTHIYIL BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30192 of 2014 (Y) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - TRUE COPIES OF THE FD RECEIPTS ISSUED BY THE FIRST AND SECOND RESPONDENTS BANK EXT.P2 - A TRUE COPY OF THE JUDGMENT DATED 15-7-2013 IN WP(C) 16248/2012 EXT.P3 - A TRUE COPY OF THE DETAILS OF THE LANDED PROPERTY HOLDING BY THE FIRST RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 30192 OF 2014 ------------------------------------ Dated this the 11th day of March, 2015

JUDGMENT

The petitioner seeks refund of the amount covered by the fixed deposits. The principal amount due under fixed deposit receipt Nos. 4284, 5343, and 9356 comes to about ` 65 lakhs. The first respondent Society has not disputed the liability to refund the amounts claimed by the petitioner. 2.

The amount covered by the fixed deposits shall be refunded to the petitioner together with the agreed interest in six equal bimonthly instalments starting from 10.04.2015. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd