Kerala High Court
Anthony vs The Thrissur Service Co-Operative Bank on 24 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39123 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS
S/O. VARKI, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
2 MARY
AGED 65 YEARS
W/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
3 LIJO
AGED 45 YEARS
S/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
4 LIBIN
AGED 45 YEARS
S/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
5 JOSHI
AGED 38 YEARS
S/O. GEORGE, KIDACHIRA HOUSE, POOVANCHIRA VILLAGE,
PANACHERI TALUK, PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680564
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).37146/2023, 38940/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 37146 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS
S/O. VARKI, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
2 MARY
AGED 65 YEARS
W/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
3 LIJO
AGED 45 YEARS
S/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
4 LIBIN
AGED 41 YEARS
S/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
5 JOSHI
AGED 38 YEARS
S/O. GEORGE, KIDACHIRA HOUSE, POOVANCHIRA VILLAGE,
PANACHERI TALUK, PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENTS:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680564
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 38940 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT, PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
4 LIBIN
AGED 41 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
5 JOSHI
AGED 38 YEARS,S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE COOPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680564
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 38967 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
4 LIBIN
AGED 41 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
5 JOSHI
AGED 38 YEARS,S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680654
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39018 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
4 LIBIN
AGED 41 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
5 JOSHI
AGED 38 YEARS,S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680654
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39075 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
4 LIBIN
AGED 41 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
5 JOSHI
AGED 38 YEARS,S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680654
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39242 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
4 LIBIN
AGED 41 YEARS
S/O. ANTHONY, NAMBALAMPARA VEETIL, POOVANCHIRA
VILLAGE, PANACHERI TALUK, PIN - 680652
5 JOSHI
AGED 38 YEARS
S/O. GEORGE, KIDACHIRA HOUSE, POOVANCHIRA VILLAGE,
PANACHERI TALUK, PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680564
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..8..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39285 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS, S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
2 MARY
AGED 65 YEARS, W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
3 LIJO
AGED 45 YEARS, S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
4 LIBIN
AGED 41 YEARS, S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
5 JOSHI
AGED 38 YEARS, S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, THRISSUR
DISTRICT., PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1097, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680654
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..9..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 24TH DAY OF JUNE 2024 / 3RD ASHADHA, 1946
WP(C) NO. 39303 OF 2023
PETITIONERS:
1 ANTHONY
AGED 71 YEARS,S/O. VARKI, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
2 MARY
AGED 65 YEARS,W/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
3 LIJO
AGED 45 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
4 LIBIN
AGED 41 YEARS,S/O. ANTHONY, NAMBALAMPARA VEETIL,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
5 JOSHI
AGED 38 YEARS,S/O. GEORGE, KIDACHIRA HOUSE,
POOVANCHIRA VILLAGE, PANACHERI TALUK, PIN - 680652
BY ADVS.
A.MUHAMMED MUSTHAFA
ABHILASH A J
RESPONDENT:
THE THRISSUR SERVICE CO-OPERATIVE BANK
R.NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VISHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK, PIN - 680654
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2024, ALONG WITH WP(C).39123/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.39123, 37146,
38940, 38967,39018,
39075, 39242, 39285
and 39303 of 2023
..10..
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)Nos.39123, 37146, 38940, 38967,39018,
39075, 39242, 39285 and 39303 of 2023
==========================
Dated this the 24th day of June, 2024
JUDGMENT
I am disposing of all these cases together because, the underlying factual circumstances are analogous and the reliefs sought for are also similar.
2. The petitioners have availed several loans from the respondent - Thrissur Service Co-operative Bank ('Bank' for short); and when they defaulted payment, Arbitration Cases were filed, wherein, they took the stand that the loan documents were forged. They thus moved applications before the Arbitrator, seeking that the documents be send for expert opinion, under Section 73 of the Civil Procedure Code, 1908;
but were rejected by the Arbitrator, which lead to Revisions being filed before the Kerala State Co-operative Tribunal, Thiruvananthapuram ('Tribunal' for short), which also confirmed such orders.
3. The petitioners concede that, thereafter, the ARCs W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..11..
ended in Final Orders, but contend that they are all illegal and infirm for various reasons and have thus chosen to challenge all of them, namely that of the Arbitrator rejecting their application for sending the loan documents for expert opinion;
the order of the Tribunal rejecting the revision petitions, as also the Final Awards.
4. However, in response to the afore submissions of Sri.A.Mohammed Musthafa - learned counsel for the petitioners, the learned Standing Counsel for the Bank -
Sri.A.D.Ravindra Prasad, submitted that the challenge of the petitioners to the order of the Arbitrator and that of the learned Tribunal is mischievous and mala fide because, they had earlier approached this Court filing original petitions, which were all dismissed by a learned judge of this Court. He pointed out to Ext.R1(a) judgment, produced along with a counter affidavit of his client in W.P.(C)No.37146/2023, asserting that, such orders were issued in the other original petitions filed by the same petitioners. He then argued that, even, otherwise, when Final Awards have been issued by the Arbitrator, the same cannot be challenged before this Court, since the petitioners obtain W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..12..
alternative remedies before the Tribunal, under the provisions of the Kerala Co-operative Societies Act. He thus prayed that this writ petition be dismissed.
5. In response, Sri.A.Mohammed Musthafa - learned counsel for the petitioners, submitted that, when his clients have a specific case that the loan documents were forged, the Awards of the Arbitrator are null and non est; and hence, that they are entitled to approach this Court through these writ petitions.
6. I am afraid that I cannot find favour with the afore submissions of the learned counsel for the petitioners because, as rightly argued by the learned Standing Counsel for the Bank
- Sri.A.D.Ravindra Prasad, once the orders of the Tribunal in Revision had been confirmed by this Court, it is untenable for the petitioners to seek the same reliefs in these writ petitions.
Further, when it is conceded by them unequivocally, that Final Awards have been issued by the Arbitrator, consequent to the rejection of the Revisions by the Tribunal against its earlier interim orders, their remedy can never be to approach this Court, but to invoke other alternative statutory means. Further, W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..13..
my opinion as afore is fortified by the fact that the petitioners themselves concede in the Memorandum of these cases, that O.P.(C)No.295/2022 and connected matters have been dismissed by a learned Judge of this Court, finding that there is no merit to their challenge to the orders of the Tribunal.
In the afore circumstances, without entering into the merits of any of the rival contentions and leaving them all open, as also the remedies of the petitioners, as may be available to them in law, I close these writ petitions without any further orders.
Sd/-
DEVAN RAMACHANDRAN, JUDGE ACR Tobe spoken to on 01.07.2024 This matter has been listed today for being spoken to at the request of the learned counsel for the petitioners, who prayed that an interim protection be offered to his clients for a short period, so as to enable them to invoke their alternative remedies as reserved by this Court. W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..14..
Even though Sri.A.D.Ravindra Prasad - learned standing counsel for the respondent - Bank, opposed the afore, I am of the view that the petitioners must be given some breathing space, so as to enable them to invoke their statutory remedies.
In such view, in addition to the afore, I order that all coercive action against the petitioners shall stand deferred for a period of two weeks from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE stu W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..15..
APPENDIX OF WP(C) 39123/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 448/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 41/2021 IN ARC 448/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 41/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 448/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..16..
APPENDIX OF WP(C) 37146/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 450/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit 2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 . A TRUE COPY OF THE REVISION PETITION RP 38/2021 IN ARC 450/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 38/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC.) IN ARC 450/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES RESPONDENT EXHIBITS Exhibit R(a) A true copy of the common judgment of the Honble Court in O.P.(C) No. 295/2022, O.P. (C) No. 296/2022 and O.P.(C) No. 297/2022 W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..17..
APPENDIX OF WP(C) 38940/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 449/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED ON JANUARY, 2021 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 36/2021 IN ARC 449/16 Exhibit P8 CONNECTED REVISION PETITIONS AND PASSED A COMMON ORDER, DATED 04.01.2022. A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 36/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 449/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..18..
APPENDIX OF WP(C) 38967/2023 PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 428/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 43/2021 IN ARC 428/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 43/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 428/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..19..
APPENDIX OF WP(C) 39018/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 444/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 44/2021 IN ARC 444/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 44/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 444/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..20..
APPENDIX OF WP(C) 39075/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 446/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 45/2021 IN ARC 446/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 45/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 446/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..21..
APPENDIX OF WP(C) 39242/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 447/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 IN ARC 447/16 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.01.2021 IN ARC 447/16. Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 40/2021 IN ARC 447/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 40/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 447/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..22..
APPENDIX OF WP(C) 39285/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 445/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT, DATED 19.01.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 42/2021 Exhibit P8 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 445/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES W.P.(C)Nos.39123, 37146, 38940, 38967,39018, 39075, 39242, 39285 and 39303 of 2023 ..23..
APPENDIX OF WP(C) 39303/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT, DATED 31.05.2016 IN ARC 443/16 Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 04.12.2017 Exhibit P2(a) A TRUE COPY OF THE GEHAN NO. 981/17 Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT, DATED 19.08.2020 Exhibit P4 A TRUE COPY OF IA 2185A/2021 ALONG WITH THE AFFIDAVIT FILED IN SUPPORT OF THE SAID APPLICATION Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK IN IA 2185A/2021 Exhibit P6 A TRUE COPY OF THE ORDER, DATED 07.09.2021 IN IA 2185A OF 2021 Exhibit P7 A TRUE COPY OF THE REVISION PETITION RP 39/2021 IN ARC 443/16 Exhibit P8 A TRUE COPY OF THE COMMON ORDER, DATED 04.01.2022 IS IN RP 39/2021 ALONG WITH OTHER CONNECTED CASES Exhibit P9 A TRUE COPY OF THE ORDER DATED 30.09.2022(SIC) IN ARC 443/16 ON THE FILES OF ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES