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2007 Supreme(Ker) 818

H.L.DATTU, K.T.SANKARAN
MANAGING DIRECTOR, KERALA STATE – Appellant
Versus
KALLUMALA AGRICULTURAL CO-OPERAIVE – Respondent


Advocates Appeared:
For the Petitioner: SRI. BABU KARUKAPADATH
For the Respondent: GOVERNMENT PLEADER

JUDGMENT :

H.L. Dattu, J.

The 4th respondent in the Writ Petition No. 10082 of 2007 is the appellant in this appeal.

2. The appellant is calling in caution the correctness or otherwise of the interim order passed by this court in W.P.(C) 10082 of 2007 dated 30.03.2007. By the impugned order, the learned single Judge has directed the appellant to pay to the petitioner, the first respondent herein, an amount of Rs. 50 lakhs within two months.

3. Brief facts are: The appellant is the society registered under the provisions of the Kerala Co-operative Societies Act and the Rules framed thereunder. The appellant is the apex society having 90% share capital subscribed by the State Government. It is engaged in the business of procurement and sale of rubber and its allied products.

The contesting respondent/first respondent is the Service Co-operative Bank. The contesting respondent was the petitioner in the Writ Petition No. 10082 of 2007. The relief sought for in the Writ Petition was to direct the appellant to disburse the amount as per Exts. P1(a) to P1(e) with interest. Those exhibits are fixed deposit receipts.

4. The learned single Judge while entertaining the Writ Petition has granted the









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