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2018 Supreme(Ker) 110

P.N.RAVINDRAN, R.NARAYANA PISHARADI
MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
CHOONDACHERY SERVICE CO-OPERATIVE BANK LTD. – Respondent


Advocates Appeared:
For the Appellant : Sri. Shaji Thomas, Sri. Mohan Pulikkal, Smt. Rahana Jose, Sri. Jen Jaison
For the Respondents: Sri. P.N. Mohanan, Smt. K.R. Deepa

JUDGMENT :

R. Narayana Pisharadi, J

These writ appeals are directed against the judgment rendered by a learned single Judge of this court in W.P. (C) No.18243 of 2015 and W.P.(C)No.39498 of 2015.

Writ Appeal No.1977 of 2017

2. This appeal arises out of the judgment in W.P. (C) No. 18243 of 2015. The brief facts of this case are as follows: Choondacherry Service Co-operative Bank Limited, the writ petitioner, had deposited Rs.90,00,000/- in the Meenachil Rubber Marketing and Processing Co-operative Society. The amount was deposited for a period of 13 months. The fixed deposit made has attained maturity on 14.04.2015. But, the Society refused to refund the amount covered by the fixed deposit receipt to the petitioner bank. The writ petition was filed for issuing a direction to the Society to pay the amount covered by the fixed deposit receipt to the petitioner bank with future interest.

3. The Society filed counter affidavit in the writ petition admitting the liability to pay the amount to the bank. But, the Society contended that no writ petition is maintainable against a cooperative society. The Society also contended that the writ jurisdiction of the court cannot be exercised to grant































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