Kerala High Court
The Thiruvalla East Co-Operative Bank ... vs The Reserve Bank Of India on 27 July, 2022
Author: V.G.Arun
Bench: V.G.Arun
WP(C) No.24257/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 27th day of July 2022 / 5th Sravana, 1944
WP(C) NO. 24257 OF 2022(F)
PETITIONER:
THE THIRUVALLA EAST CO-OPERATIVE BANK LTD NO.3260, HEAD OFFICE,
ERAVIPEROOR P.O, THIRUVALLA, PATHANAMTHITTA - 689 512,REPRESENTED BY
ITS CHAIRMAN,
PROF. DR. JACOB GEORGE.
RESPONDENTS:
1. THE RESERVE BANK OF INDIA, 1ST FLOOR, CENTRAL OFFICE BUILDING,
SHAHID BHAGAT SINGH ROAD,TOWN HALL P.O, MUMBAI - 400001, REPRESENTED
BY ITS PRINCIPAL CHIEF GENERAL MANAGER.
2. GENERAL MANAGER, RESERVE BANK OF INDIA, DEPARTMENT OF SUPERVISION,
BAKERY JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.
3. ASSISTANT MANAGER, RESERVE BANK OF INDIA, DEPARTMENT OF
SUPERVISION,BAKERY JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -
695 033.
4. UNION OF INDIA, REPRESENTED BY THE JOINT SECRETARY, DEPARTMENT OF
FINANCIAL SERVICES, MINISTRY OF FINANCE,(ECONOMIC AFFAIRS), 3RD
FLOOR, JEEVAN DEEP BUILDING, PARLIAMENT STREET, SANSAD MARG P.O.,
NEW DELHI-110 001.
5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE BANK
LTD., GOVERNMENT SECRETARIAT G.P.O, THIRUVANANTHAPURAM , PIN -
695014.
6. REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THAICAUD P.O, THIRVANANTHAPURAM , PIN - 695014
7. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION, 4TH
FLOOR, PATHANAMTHITTA P.O, PATHANAMTHITTA , PIN - 689645.
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 stay the operation of Ext. P2 proceedings issued by the 2nd
respondent as well as all further proceedings in pursuance thereof against
the petitioner - Bank, pending disposal of the above Writ Petition (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S K.I.MAYANKUTTY MATHER, T.K.SREEKALA, KALLIYANI KRISHNA B. & VINEETH
KOMALACHANDRAN Advocates for the petitioner, ASSISTANT SOLICITOR GENERAL
OF INDIA for the respondent 4 and of GOVERNMENT PLEADER for the
respondent 5 to 7, the Court passed the following:
WP(C) No.24257/2022 2/3
ORDER
Admit. Issue notice to respondents 1 to 3 through speed post. Learned Assistant Solicitor General of India takes notice for the 4th respondent. Learned Government Pleader takes notice for respondents 5 to
7. Having heard the learned counsel at length, I find prima facie merit in the contention that the action initiated through Ext.P2 is not in compliance of the mandatory requirement under Section 35(4) of the Banking Regulations Act.
Hence, there shall be an interim stay of operation and implementation of Ext.P2 order for two weeks.
Sd/- V.G.ARUN JUDGE 27-07-2022 /True Copy/ Assistant Registrar WP(C) No.24257/2022 3/3 APPENDIX OF WP(C) 24257/2022 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 22.07.2022 ALONG WITH THE FINDING OF THE SELECT SCOPE INSPECTION