Kerala High Court
Bhaskaran Aged 78 Years vs Registrar Of Co-Operative Societies on 14 January, 2013
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 14TH DAY OF JANUARY 2013/24TH POUSHA 1934
WP(C).No. 1176 of 2013 (V)
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PETITIONER:
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BHASKARAN AGED 78 YEARS
S/O.VELAYUDHAN,NIKARTHIL VEEDU,ARYAD NORTH P.O.
ALAPPUZHA
BY ADVS.SRI.R.MURALEEKRISHNAN
SMT.T.M.RESHMY
RESPONDENTS:
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1. REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695 001.
2. ALAPPUZHA URBAN CO-OPERATIVE BANK LTD NO A 67
ALAPPUZHA,REP.BY ITS GENERAL MANAGER,CULLAN ROAD
ALAPPUZHA P.O,688001
3. REGO RAJU
ADVOCATE,CONVENT SQUARE,SEA VIEW WARD
ALAPPUZHA-688001
4. G.BINDHUMOL
NIKARTHIL HOUSE,NORTH ARYAD P.O.
ALAPPUZHA NOW RESIDING AT
HARIKRISHNABHAVAN
NORTH ARYAD MURI,ARYAD NORTH P.O,
ALAPPUZHA-688538
R1 BY SR. G.P. SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX(WPC NO.1176/2013)
PETITIONER'S EXHIBITS:
EXT.P1:- TRUE COPY OF THE AWARD IN ARBITRATION REFERENCE NO 865/2000
EXT.P2:- TRUE COPY OF THE INTERIM ORDER DTD 6/2/2009 IN WPC NO 4071/2009
EXT.P3:- TRUE COPY OF THE JUGEMENT DTD 8/7/2009 IN WPC NO 4071/2009
EXT.P4:- TRUE COPY OF THE CIRCULAR NO 24/2012 DTD 23/6/2012
EXT.P5:- TRUE COPY OF THE NOTICE DTD 20/12/2012 ISSUED BY 3RD
RESPONDENT IN COMPLIANCE OF ORDER IN CMP NO 2635/2012 OF CJM COURT,
ALAPPUZHA.
RESPONDENTS' EXHIBITS - NIL
TRUE COPY
pms P.A. to Judge
ANTONY DOMINIC, J
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W.P.(C).1176/2013
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Dated this the 14th day of January, 2013
JUDGMENT
Petitioner challenges Ext.P5, a notice issued by the Advocate Commissioner appointed by the Chief Judicial Magistrate Court, Alappuzha, in a SARFAESI proceedings initiated by the 1st respondent.
2. Claim of the petitioner is that the Bank ought to have been given the benefit of Ext.P4 Circular issued by the Registrar of Co-operative Societies for settlement of the liabilities.
3. The question whether the petitioner was eligible for the benefit and if so, the extent of the benefit admissible are matters which cannot be decided in a proceedings under Article 226 of the Constitution of India.
W.P.(C).1176/13 2 Therefore, the writ petition is dismissed, leaving it open to the petitioner to move the appropriate statutory forum.
Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ sd/- P.A. To Judge