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2022 Supreme(Ker) 205

P.B.SURESH KUMAR, C.S.SUDHA
Chengalam Service Co-Operative Bank Ltd. – Appellant
Versus
Rajkumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri.Grashious Kuriakose Sr. Shri.Shaji Thomas, Shri.Jen Jaison, Advs.
For the Respondent: Shri.I.Dinesh Menon, Senior Government Pleader Shri.V.K.Sunil, Advs.

JUDGMENT :

C.S. Sudha, J.

This case appears to be a classic example of the ‘fence eating the crop’. Now the question is, should this Court invoke its discretionary extra-ordinary jurisdiction under Article 226 of the Constitution to grant relief to such a person, who is supposed to have drained the appellant-Chengalam Service Co-operative Bank (the Bank) of its resources by availing loans one after the other, to be specific 16 loans, in his own name and in the name of the members of his family, relatives and close aides and thereafter defaulted payment resulting in a liability of about two and odd crores of rupee, due to the appellant-Bank. This act of one individual, submits the learned senior counsel for the Bank, has landed the Bank in a precarious financial situation, on the brink of financial bankruptcy, due to which the Bank is unable to even return the deposits of its customers due to paucity of funds. The protagonist of this story, responsible for the sorry state of affairs of the Bank is stated to be Jose Antony, the former President of the Bank, who was at the helm of affairs of the Bank for 15 long years. Do we need to invoke our extra ordinary discretionary jurisdiction u

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