Kerala High Court
The Thakazhi Service Co-Operative Bank vs N.C.Gopalakrishnan Nair
Author: Antony Dominic
Bench: Antony Dominic, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 7TH DAY OF OCTOBER 2014/15TH ASWINA, 1936
WA.No. 2119 of 2012 () IN WP(C).33802/2009
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AGAINST THE ORDER IN WP(C) 33802/2009 of HIGH COURT OF KERALA DATED 27.6.12
APPELLANT/THIRD RESPONDENT:
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THE THAKAZHI SERVICE CO-OPERATIVE BANK
LTD NO.1832 , KUNNUMMA PO, THAKAZHI
ALAPPUZHA DISTRICT, REPRESENTED BY ITS
SECRETARY/PRESIDENT.
BY ADV. SRI.P.N.MOHANAN
RESPONDENT(S)/PETITIONERS 1 TO 3/RESPONDENTS 1,2 & 4:
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1. N.C.GOPALAKRISHNAN NAIR
AGED 59 YEARS, S/O.G.CHELLAPPAN PILLAI, SASIKALALAYAM
TEMPLE ROAD, THAKZHI., ALAPPUZHA DISTRICT. 688 562.
2. SASIKALA
W/O.N.C.GOPALAKRISHNAN NAIR, SASIKALALAYAM
TEMPLE ROAD, THAKZHI., ALAPPUZHA DISTRICT.688 562
3. SREERAJ G.,
S/O. N.C.GOPALAKRISHNAN NAIR, SASIKALALAYAM
TEMPLE ROAD, THAKZHI., ALAPPUZHA DISTRICT.688 562
4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE JOINT REGISTRAR
ALAPPUZHA.
5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KUTTANADU, ALAPPUZHA.
6. ALAPPUZHA DISTRICT CO-OPERATIVE BANK
ALAPPUZHA
REPRESENTED BY ITS GENERAL MANAGER -688001
R1 TO 3 BY SRI.JOSE J.MATHAIKAL
R4 & R5 BY SR. GOVERNMENT PLEADER SRI S.JAMAL
R6 BY SRI.GEORGE POONTHOTTAM
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07-10-2014,
ALONG WITH WA. 2128/2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
APPENDIX IN WA.2119/12
APPELLANT'S ANNEXURES:
ANNEXURE A1: COPY OF INTERIM ORDER DT.27.6.12 IN WPC.33802/09.
ANNEXURE A2: COPY OF DETAILS OF THE ENCUMBRANCE CERTIFICATE.
ANNEXURE A3: COPY OF REHABILITATION PROJECT SUBMITTED BY THE
BANK.
ANNEXURE A4: COPY OF LETTER DT.14.12.2011.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.S.TO JUDGE
dsn
ANTONY DOMINIC & ANIL K.NARENDRAN, JJ.
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Writ Appeal Nos.2119 & 2128 OF 2012
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DATED THIS THE 7th DAY OF OCTOBER, 2014
JUDGMENT
ANTONY DOMINIC , J.
Heard the learned counsel for the appellant, the learned counsel appearing for the writ petitioners, the learned Government Pleader appearing for the official respondents and the learned Standing Counsel appearing for the Alappuzha District Co-operative Bank.
2. The Writ Petitions were filed by persons who had fixed deposits in the appellant-Bank. Their grievance was that despite the fixed deposits attaining maturity, the amounts due to them were not being disbursed by the Bank. In the orders impugned, the learned Single Judge directed the appellant-Bank to sell a portion of their immovable property and to pay the amounts due to the writ petitioners first, in preference to all other claims, from out of the sale proceeds.
3. When these appeals were taken up, the learned counsel for the appellant informed that except one item of property, rest of the items of properties of the Bank have already been sold and that the sale proceeds are deposited in the District Co-operative Bank. W.A.Nos.2119 & 2128/12 -2-
4. In view of the above development, we see no grounds to interfere with that part of the order, which directs the appellant-Bank to sell a portion of their properties. However, we are informed that there are several other depositors to whom also amounts are due from the appellant-Bank. In such circumstances, the writ petitioners cannot claim any preferential treatment, but can only claim payment on a pro-rata basis. Therefore, we cannot uphold the direction of the learned Single Judge requiring the appellant to disburse the amounts due to the writ petitioners first, in preference to all other claims against the Bank, from out of the sale proceeds.
5. Therefore, vacating the aforesaid direction in the orders dated 27.6.2012 impugned in these appeals, the Writ Appeals are disposed of.
Post W.P.(C)Nos.33802/09 and 18601/2009, along with W.P. (C)Nos.8009/2013, 8194/2013 and connected cases.
SD/-
ANTONY DOMINIC, JUDGE SD/-
ANIL K.NARENDRAN, JUDGE dsn