Kerala High Court
George Joseph vs Kothamangalam Service Co-Operative ... on 9 February, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936
WP(C).No. 5369 of 2012 (U)
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PETITIONER(S):
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GEORGE JOSEPH,
S/O.LATE JOSEPH ULAHANNAN, KALAMBANAL HOUSE
KUTHUKUZHI P.O., KOTHAMANGALAM.
BY ADVS.SRI.SREELAL N.WARRIER
SRI.C.DILIP
SRI.P.N.VIJAYAN NAIR
RESPONDENT(S):
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1. KOTHAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.354
KUTHUKUZHI P.O.
KOTHAMANGALAM REPRESENTED BY ITS SECRETARY
PIN-686 691.
2. THE SECRETARY
KOTHAMANGALAM SERVICE CO-OPERATIVE BANK LTD.
KUTHUKUZHI P.O., KOTHAMANGALAM, PIN-686 691.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
KOTHAMANGALAM, PIN-686 691.
BY ADV. SRI.M.SASINDRAN
BY GOVERNMENT PLEADER SRI. T.R. RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-
2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5369 of 2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1: TRUE COPY OF THE RCEIPT DATED 9/2/2011 ISSUED BY THE BANK.
EXHIBIT P2: TRUE COPY OF THE DEATH CERTIFICATE DATED 18/11/2011
ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, KOTHAMANGALAM
MUNICIPALITY.
EXHIBIT P3: TRUE COPY OF THE LETTER DATED 3/11/2011 RECEIVED FROM
THE BANK.
EXHIBIT P4: TRUE COPY OF THE LETTER DATED 1.2.2012 RECEIVED FROM the
RESPONDENT BANK.
RESPONDENTS' EXHIBITS
K.VINOD CHANDRAN, J
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W.P.(C).No. 5369 of 2012
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Dated 1st December, 2014
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JUDGMENT
The petitioner was aggrieved with the recovery proceedings issued obviously without considering the Scheme under Ext.P3. The father of the petitioner was the borrower who is said to have died when the loan was pending. The petitioner claimed relief under the Risk fund Scheme, the contribution of which has been deducted as per Ext.P1. The respondent Bank had, by Ext.P3 directed the petitioner to produce death certificate as also the hire-ship certificate. The petitioner had produced the same and the respondent Bank is said to have forwarded the application to the Risk Fund Board which is said to have rejected the prayer of the petitioner for reason of the petitioner's father having crossed 65 years of age. The petitioner submits that he has not been WP(C).5369/12 2 communicated with such rejection order. The Risk Fund Board was not a party herein and there is no challenge against the order.
2. I.A.14285 of 2014 for impleadment is filed only on 20.10.2014. Even if the impleadment is carried out, the petitioner will first have to challenge the rejection order said to have been passed on 13.02.2012. Leaving open such remedies, the writ petition stands closed. Parties are left to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//