Kerala High Court
Pradeep Abraham James vs The Kandanad Service Co-Operative Bank ... on 14 November, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF NOVEMBER 2023/23RD KARTHIKA, 1945
WP(C) NO. 26726 OF 2023
PETITIONERS:
1 PRADEEP ABRAHAM JAMES
AGED 40 YEARS
S/O LATE P.V. ABRAHAM, KANJIRATHINKAL HOUSE,
KODUMPIDY P.O, ANTHINAD, KOTTAYAM - 686651,
PRESENTLY RESIDING AT RDS FLAIR,
EDAPPALLY RAGHAVAN PILLAI ROAD,
ELAMAKKARA PO, KOCHI, PIN - 682026
2 PRATAP ABRAHAM VARGHESE
AGED 43 YEARS
S/O LATE P.V. ABRAHAM, KANJIRATHINKAL HOUSE,
KODUMPIDY P.O, ANTHINAD, KOTTAYAM - 686651,
PRESENTLY RESIDING AT MANNATHANCHERIL HOUSE, PLOT
NO. 1, SUBHASH NAGAR, EDAPPALLY,
KOCHI, PIN - 682025
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
GOKUL KRISHNA
RESPONDENTS:
1 THE KANDANAD SERVICE CO-OPERATIVE BANK LIMITED
NO. K-2, HEAD OFFICE, KOLLAPPALLY, ANTHINAD PO,
KOTTAYAM , REPRESENTED BY ITS SECRETARY- 686651
2 THE BOARD OF DIRECTORS OF THE KANDANAD SERVICE
CO-OPERATIVE BANK LIMITED NO. K-2
WP(C) No.26726/2023 and connected cases
2
HEAD OFFICE, KOLLAPPALLY, ANTHINAD PO,
KOTTAYAM, REPRESENTED BY ITS PRESIDENT - 686651
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KOTTAYAM, COLLECTORATE BUILDING,
KOTTAYAM - KUMILY ROAD, KOTTAYAM, PIN - 686002
*ADDL R4 THE PART TIME ADMINISTRATOR
KADANAD SERVICE CO-OPERATIVE BANK LTD
NO.K2, HEAD OFFICE, KOLLAPPALLY, ANTHINAD PO
KOTTAYAM-686651
*IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT
4, AS PER ORDER DATED 02.11.2023 IN WPC
26726/2023.
BY ADVS.
SRI.C.P.SABARI-R1 AND R2
SRI.DHEERAJ A.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2023, ALONG WITH WP(C).34822/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26726/2023 and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA,
1945
WP(C) NO. 28735 OF 2023
PETITIONERS:
1 C.K SABU
CHAMAKKALAYIL (H), KURUMANNU P.O,
KURUMANNU, KOTTAYAM -, PIN - 686651
2 REMANI MADHU,
THORANATHUNGAL, KADANAD P.O,
KOTTAYAM, PIN - 686653
3 GOPINATH K.R,
NEERAKULATHU, MATTATHIPARA P.O,
KOTTAYAM, PIN - 686651
BY ADVS.
P.D.SUBRAMANIAN NAMPOOTHIRI
DIVYA C BALAN
RESPONDENTS:
1 JOINT REGISTRAR CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (G), COLLECTORATE P.O,
KOTTAYAM-, PIN - 686002
2 KADANAD SERVICE CO-OPERATIVE BANK LTD. NO. K 2,
KOLLAPPALLY, ANTHINAD P.O,
KOTTAYAM DISTRICT-, PIN - 686651
REPRESENTED BY ITS SECRETARY IN CHARGE
SMT.SHEEJA C.S-SENIOR GOVERNMENT PLEADER
SRI.C.P SABARI-R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2023, ALONG WITH WP(C).34822/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26726/2023 and connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA,
1945
WP(C) NO. 34822 OF 2023
PETITIONER:
SAJU AUGUSTINE
AGED 58 YEARS
S/O AUGUSTINE, KAVALATHU, MANATHOOR,
RAMAPURAM, PIZHAKU P.O,, PIN - 686651
BY ADVS.
LAYA MARY JOSEPH
AJAY BEN JOSE
RESPONDENTS:
1 KADANAD SERVICE CO-OPERATIVE BANK LTD
NO. K-2, KOLLAPPALLY, ANTHINADU P.O, KOTTAYAM
REPRESENTED BY ITS SECRETARY-IN-CHARGE - 686651
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) COLLECTORATE BUILDING, K K ROAD,
KOTTAYAM, PIN - 686002
BY ADVS.
SRI.DHEERAJ A.S- GOVERNMENT PLEADER
SRI.C.P.SABARI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2023, ALONG WITH WP(C).26726/2023,
28735/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26726/2023 and connected cases
5
JUDGMENT
Dated this the 14th day of November, 2023 [W.P.(C) Nos.26726, 28735 and 34822 of 2023] W.P.(C) No.26726 of 2023 has been filed by the petitioners seeking the following reliefs:
(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to disburse the amount deposited by the petitioners as per Exts.P1 and P2 Fixed Deposit Receipts along with interest accrued thereon, within a time limit prescribed by this Hon'ble Court.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to take appropriate action on Ext.P3 representation and to safeguard, recover and disburse the amount due to the petitioners by virtue of Exts.P1 and P2 receipts.
(iii) Dispense with filing of the translation of vernacular documents.
(iv) Grant such other relief's as this Hon'ble Court may deem fit in the circumstances of this case.
2. W.P.(C) No.28735 of 2023 has been filed by the petitioners seeking the following reliefs:
(i) Issue a writ of mandamus, any appropriate writ, order or direction to the second respondent to disburse back the deposits made by them as evident from Exts.P1, P2, P4, WP(C) No.26726/2023 and connected cases 6 P6, P7 & P8 receipts, forthwith.
(ii) Issue a Writ of Mandamus or any appropriate Writ, order or direction directing the first respondent to exercise its supervisory jurisdiction in the 2nd respondent bank, to constitute a committee to enable equated distribution of the deposit amount as constituted by Exts.P10 order, and issue appropriate directions to disburse the deposits made by the petitioners.
(iii) Declare that the petitioners are entitled to get return of deposits made by them with the second respondent bank as evident from Exts.P1, P2, P4, P6, P7 & P8 receipts, forthwith.
(iv) Permit the petitioner to dispense with the filing of the translations of the documents in the vernacular language in the interests of justice.
(v) Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.
3. W.P.(C) No.34822 of 2023 has been filed by the petitioner seeking the following reliefs:
(i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 1 st respondent to release the fixed deposit amounts due to the petitioner as per Ext.P2 to Ext.P2(n).
(ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 1 st respondent to release the balance amount vide Ext.P1 from the Savings Account of the petitioner.
(iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
4. Perusing the pleadings and arguments in the writ petitions, I find that the issue involved is that the petitioners in WP(C) No.26726/2023 and connected cases 7 these writ petitions have made substantial fixed deposit in the Kadanad Service Co-operative Bank. The Bank is facing financial difficulties and not in a position to repay the fixed deposit amounts on their maturity and on demand. The petitioners are before this Court seeking direction to disburse the fixed deposit amount to the petitioners forthwith. Some of the petitioners have brought to the notice of this Court the emergency situation like medical treatment / marriage of their daughters, etc., urging for a preferential payment to them from the available funds of the Bank.
5. Taking into consideration the fact that the Bank is facing acute financial difficulties and since the Bank is now administered by a part time Administrator appointed by the Joint Registrar, I deem it fit to give the following directions to the part time Administrator:
(i) The part time Administrator shall take all steps to recover the amounts due to the Bank from the debtors of the Bank.
WP(C) No.26726/2023 and connected cases 8
(ii) In respect of disbursement of funds available with the Bank to the fixed deposit holders, the following category should be treated as priority category:
(a) Persons with diseases, persons who met with accidents, persons or family members of the persons having serious diseases or met with accidents;
(b) Persons who have to bear marriage expenses of girl children;
(c) Persons who have to bear the educational expenses of the children in the family;
(d) Other emergency requirements.
The part time Administrator is directed to strictly follow the aforesaid priority while disbursing amounts.
6. The petitioner in W.P.(C) No.34822 of 2023 falls in one of the aforesaid priority category. The part time WP(C) No.26726/2023 and connected cases 9 Administrator is directed to make necessary arrangements to disburse possible amount to the petitioner in W.P.(C) No.34822 of 2023 on priority.
The writ petitions are disposed of as above. The petitioners will be at liberty to approach appropriate authorities, if situation so warrants in future.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.26726/2023 and connected cases 10 APPENDIX OF WP(C) 26726/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF FIXED DEPOSIT RECEIPTS IN THE 1ST PETITIONER'S NAME WITH THE 1ST RESPONDENT BANK Exhibit P-2 TRUE COPY OF FIXED DEPOSIT RECEIPT IN THE 2ND PETITIONER'S NAME WITH THE 1ST RESPONDENT.
Exhibit P-3 TRUE COPY OF REPRESENTATION DATED
9/8/2023 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P-4 TRUE COPY OF LETTER DATED 25/8/2023 OF THE 3RD RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P-5 TRUE COPY OF E-MAIL DATED 21/9/2023 SENT BY THE 2ND PETITIONER TO RESPONDENTS 1 AND 2 EXHIBIT P-6 TRUE COPY OF SCREEN-SHOT OF THE WHATS-
APP THAT WAS CIRCULATED IN ONE OF THE GROUPS VIZ, 'ELIVALIKOOTTAM' . EXHIBIT P-7 TRUE COPY OF E-MAIL DATED 22/9/2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KOTTAYAM EXHIBIT P-8 TRUE COPY OF E-MAIL DATED 22/9/2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE STATION HOUSE OFFICER, MELUKAVU POLICE STATION RESPONDENTS' EXHIBITS EXHIBIT R1 A A TRUE COPY OF THE JUDGMENT IN THE CASE OF MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD. NO. K 118 AND ANOTHER V. CHOONDACHERY SERVICE CO-OPERATIVE BANK LTD. NO. 167 AND ANOTHER REPORTED IN 2018 (2) KHC 180 EXHIBIT R1 B A TRUE COPY OF THE JUDGMENT IN THE CASE OF SHANMUKHA SUNDARAM PILLAI S. WP(C) No.26726/2023 and connected cases 11 V. MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD. NO.K 118 AND OTHERS REPORTED IN 2022 (3) KHC 121 EXHIBIT R1 C A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT REPORT FOR THE YEAR 2021- 2022 OF THE FIRST RESPONDENT BANK SHOWING THE CURRENT LOSS OF THE BANK EXHIBIT R1 A A TRUE COPY OF THE STATEMENT DATED 7.9.2023 PREPARED BY THE SECOND RESPONDENT BANK REGARDING THE DEPOSIT SCHEDULE EXHIBIT R1 B A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT REPORT FOR THE YEAR 2021- 2022 OF THE SECOND RESPONDENT BANK SHOWING THE CURRENT LOSS OF THE BANK WP(C) No.26726/2023 and connected cases 12 APPENDIX OF WP(C) 28735/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF RECEIPT DATED 29.8.2022 FOR THE AMOUNT OF RS. 1,00,000/- IN FD NO. 55111 Exhibit P2 A TRUE COPY OF RECEIPT DATED 20.1.2023 FOR THE AMOUNT OF RS. 2,00,000/- IN FD NO. 55344 Exhibit P3 A TRUE COPY OF THE WEDDING CARD OF THE FIRST PETITIONER'S DAUGHTER Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 22.6.2022 OF DEPOSIT HAVING CCD NO.
2034Exhibit P5 . A TRUE COPY OF THE WEDDING CARD OF THE SECOND PETITIONER'S DAUGHTER Exhibit P6 THE TRUE COPIES OF RECEIPTS DATED 11.1.2023, OF DEPOSITS HAVING CCD NO. 296/M FOR AN AMOUNT OF RS. 1,50,000/- Exhibit P7 THE TRUE COPIES OF RECEIPTS DATED 22.9.2022,CCD NO. 2119 FOR AN AMOUNT OF RS. 80,000 Exhibit P8 THE TRUE COPIES OF RECEIPTS DATED 22/09/22CCD NO. 2120 FOR AN AMOUNT OF RS. 1,00,000/-
Exhibit P9 A COPY OF THE INTERIM ORDER DATED 11.8.2023 IN W.P (C) NO. 26726/2023 Exhibit P10 A TRUE COPY OF THE ORDER NO.JRGPTA/1749/21/CRP(1), DATED 05/08/2022 WP(C) No.26726/2023 and connected cases 13 APPENDIX OF WP(C) 34822/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASS BOOK ISSUED BY THE 1ST RESPONDENT BANK ALONG WITH STATEMENT OF ACCOUNTS Exhibit P2 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(a) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(b) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(c) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(d) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(e) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(f) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.95,000/-
Exhibit P2(g) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.90,000/-
Exhibit P2(h) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN WP(C) No.26726/2023 and connected cases 14 AMOUNT OF RS.95,000/-
Exhibit P2(i) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 25.04.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.75,000/-
Exhibit P2(j) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 11.05.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.2,75,000/-
Exhibit P2(k) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.10.2020 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.1,00,000/-
Exhibit P2(l) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 27.10.2022 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.2,00,000/-
Exhibit P2(m) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 12.01.2023 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.1,00,000/-
Exhibit P2(n) TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 26.04.2023 ISSUED BY THE 1ST RESPONDENT BANK FOR DEPOSITING AN AMOUNT OF RS.80,000/-
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 11.08.2023 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.26726/2023 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT BANK Exhibit P5 TRUE COPY OF THE ENGAGEMENT INVITATION CARD OF THE PETITIONER'S DAUGHTER Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 07.09.2023 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P. (C)NO.28735/2023