The Kaduthuruthy Co-Operative Hospital v. The Kaduthuruthy Co-Operative Rubber

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39563 of 2015 (U) ----------------------------------------- PETITIONER : - ---------------------- THE KADUTHURUTHY CO-OPERATIVE HOSPITAL LTD. No. K 379, KADUTHURUTHY P.O., KOTTAYAM - 686 604, REPRESENTED BY ITS MANAGER.

BY ADV. SMT.M.M.DEEPA RESPONDENTS : - --------------------------

1. THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD. No. 1397, KADUTHURUTHY P.O., KOTTAYAM - 686 604, REPRESENTED BY ITS MANAGER.

2. THE BOARD OF MANAGEMENT OF THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD No. 1397, KADUTHURUTHY P.O., KOTTAYAM - 686 604, REPRESENTED BY ITS PRESIDENT.

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

BY SR. GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 39563 of 2015 (U) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1 : TRUE COPY OF THE FD No. 179/13-14 DATED 17.10.2013. EXHIBIT P2 : TRUE COPY OF THE FD No. 180/13-14 DATED 17.10.2013. EXHIBIT P3 : TRUE COPY OF THE FD No. 181/13-14 DATED 17.10.2013. EXHIBIT P4 : TRUE COPY OF THE FD No. 182/13-14 DATED 17.10.2013. EXHIBIT P5 : TRUE COPY OF THE FD No. 189/13-14 DATED 21.10.2013. EXHIBIT P6 : TRUE COPY OF THE LETTER DATED 20.11.2014 SENT BY THE PETITIONER TO THE 1st RESPONDENT WITH TRANSLATION. EXHIBIT P7 : TRUE COPY OF THE LETTER DATED 30.06.2015 ISSUED BY THE PETITIONER TO THE 1st RESPONDENT WITH TRANSLATION. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DATED 05.12.2015 SENT BY THE PETITIONER TO THE 3rd RESPONDENT WITH TRANSLATION.

EXHIBIT P9 : TRUE COPY OF THE JUDGMENT DATED 20.05.2015 IN WP (C) No. 488 OF 2015 OF THIS HONOURABLE COURT.

RESPONDENTS' EXHIBITS : NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 39563 of 2015 ---------------------------------------- Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner, a Society, deposited an amount of about Rs.43,00,000/- with the first respondent Society, as is evident from Exhibits P1 to P5 fixed deposit receipts. On the maturity of the amount, the petitioner Society demanded for repayment of the amount along with interest at 13.5% per annum, which is the agreed rate of interest.

2. Though two years have elapsed, the first respondent Society has not chosen to repay. Under those circumstances, the petitioner is said to have submitted Exhibit P8 representation before the third respondent, who is yet to consider it. Seeking its expeditious consideration, the petitioner has approached this Court.

3. In response to the submissions made by the learned counsel for the petitioner, the learned counsel for respondents 1 and 2 has submitted that the third respondent may consider the petitioner's Exhibit P8 representation after affording an opportunity of hearing to the Administrative Committee of the first respondent.

W.P.(c) No. 39563 of 2015 In the facts and circumstances, having regard to the submissions of the learned counsel for the petitioner and the learned counsel for 1st and 2nd respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the third respondent to consider Exhibit P8 representation of the petitioner in accordance with law, after providing an opportunity of hearing to the Administrative Committee of the first respondent as well, and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-