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2009 Supreme(Ker) 153

B.RADHAKRISHNAN
Irinjalakuda Co-operative Agricultural and Rural Development Bank Ltd. – Appellant
Versus
Kerala State Co-operative Agricultural and Rural Development Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioners:P. Ravindran, Senior Advocate. For the Respondents:R1, R7 & R8, George Poonthottam, Advocate, R2, R3, R4 & R6, C.P. Sudhakaraprasad & Special Govt. Pleader for Co-operation A.G. Aneetha, Advocate.

Judgment:

1. Irinjalakuda Co-operative Agricultural and Rural Development Bank Ltd. No.R 312 registered under the provisions of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the “KCS Act”, has filed this writ petition through its President and Secretary. Its area of operation in terms of approved bye-laws is Mukundapuram and Kodungalloor taluks in Thrissur District. It operates through its branches at Irinjalakuda, Kodungalloor, Chalakudy, Kodakara and Mala.

2. Thefirst respondent is the kerala State Co-operative Agricultural and Rural Development Bank Limited (“KSCARD Bank”, for short), which is so Christened by the operation of section 2(a) of the kerala state Co-operative (Agricultural and Rural Development Banks) Act, 1984, hereinafter referred to as the “CARD Act”.

3. Primary banks which are registered under the KCS Act as Primary Co-operative Agricultural and Rural Development Bank Limited and admitted as members of the first respondent, including those falling under the inclusive provision of Section 2(h) of the CARD Act, are primary banks as defined in that provision for the purpose of that Act.

4. In 1997, the Government of Kerala decided to provid











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