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2004 Supreme(Ker) 214

M.RAMACHANDRAN
Trivandrum Co-operative Agricultural & Rural Development Bank Ltd. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The petitioner, a Co-operative Society, had been moving heaven and earth for executing an order passed by the Arbitrator in its favour, when it was found that there was no payment forthcoming either from the principal debtor (8th respondent) or the sureties, namely the 5th and 6th respondents. The claim pertained about a loan transaction which had become sticky. Even though by Ext.P10 they had been advised by the Joint Registrar, Trivandrum that the matter was being looked into, there was no effective steps forthcoming. The Original Petition is filed for a writ of mandamus, whereby the statutory right of the petitioner are to be enforced on the strength of the agreements that had been entered into under Section 37 of the Kerala Co-operative Societies Act from the 3rd and 4th respondents, who were employers of the 5th and 6th respondents.

2. It is admitted that the 5th and 6th respondents were parties to agreements as had been envisaged by section 37 the Act. Ext.P3 came to be passed on 14-1-1998 in proceedings under section 69 of the Co-operative Societies Act. This had been subjected to a revision, but that was dismissed and the Original Petition filed there from by one







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