Kerala High Court
Pradeep Abraham James vs The Kandanad Service Co-Operative Bank ... on 27 October, 2023
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.26726/2023 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 27th day of October 2023 / 5th 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.
RESPONDENTS:
1. THE KANDANAD SERVICE CO-OPERATIVE BANK LIMITED NO. K-2, HEAD OFFICE,
KOLLAPPALLY, ANTHINAD PO, KOTTAYAM -686651, REPRESENTED BY ITS
SECRETARY.
2. THE BOARD OF DIRECTORS OF THE KANDANAD SERVICE CO-OPERATIVE BANK
LIMITED NO. K-2, HEAD OFFICE, KOLLAPPALLY, ANTHINAD PO, KOTTAYAM
-686651, REPRESENTED BY ITS PRESIDENT.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM,
COLLECTORATE BUILDING, KOTTAYAM - KUMILY ROAD, KOTTAYAM- 686002.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondents 1 and 2 not to disburse deposit amounts any
part thereof to any depositor and sitting fee and other allowances to the
2nd respondent Board members without obtaining further orders from the
Court, pending disposal of the writ petition (civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments
of M/S P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN, T.C.KRISHNA, C.ANIL KUMAR,
ASHA K.SHENOY and GOKUL KRISHNA, Advocates for the petitioners, SRI.
C.P.SABARI, Advocate for R1 and R2 and of GOVERNMENT PLEADER for R3, the
court passed the following:
ORDER
Government Pleader to get instructions as to the feasibility of constitution of a separate committee to payback the deposits according to the needs and priority of the depositors in an equitable manner.
Post on 31.10.2023 along with WP(C) No.34822/2023.
27.10.2023 Sd/- N.NAGARESH, JUDGE 27-10-2023 /True Copy/ Assistant Registrar