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2018 Supreme(Ker) 1491

C.T.RAVIKUMAR, MARY JOSEPH
The Gandhigram Agro Based Industrial Co-operative Society Ltd – Appellant
Versus
Marangattupilly Service Co-operative Bank Ltd – Respondent


Advocates Appeared:
For the Appellant : SRI. J. JULIAN XAVIER, SRI. FIROZ K. ROBIN.
For the Respondents: SRI. SUNIL CYRIAC, SC, MARANGAT S. COOP. BANR, GOVT. PLEADER SMT. K.R. DEEPA.

JUDGMENT :

Ravikumar, J.

This intra-court appeal is directed against the judgment dated 24.11.2017 in W.P(C) No.29293 of 2017. The questions to be answered are whether existence of an alternative remedy should always be a bar for entertaining a writ petition under Article 226 of the Constitution of India and whether the appellate power under Section 5 of the Kerala High Court Act, 1958 should be exercised to interfere with judgment of a Single Bench passed in such a writ petition ignoring the availability of alternative remedy merely on that solitary reason? These certain allied important questions crop up for consideration in the following factual matrix:-

The Gandhigram Agro Based Industrial Co-operative Society Ltd.No.5-1ND(K) 191 [hereinafter called the appellant] viz., the first respondent in the writ petition received fixed deposit to the tune of Rs. 56,00,000/-from the writ petitioner-Co-operative Bank, viz., the first respondent herein. The factum of receipt of the aforesaid amount as fixed deposit is not disputed by the appellant and in fact, it is evident from Exts.P2 to P4. Receipt of money in fixed term deposit repayable on demand and offering interest thereon, is essentia
























































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