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2022 Supreme(Ker) 678

ALEXANDER THOMAS, ANU SIVARAMAN, VIJU ABRAHAM
B. Preethakumari – Appellant
Versus
Joint Registrar of Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.D.Somasundaram
For the Respondent: Sri.R.T.Pradeep, Smt.M.Bindudas, Sri.K.C.Harish, Shri.N.Manoj Kumar, State Attorney, Sri.P.P.Thajudeen, Spl.Government Pleader, Sri.Saigi Jacob Palatty, Senior Government Pleader, Advs.

ORDER :

Alexander Thomas, J.

The above matters have been placed before this Full Bench on the basis of an order dated 25.06.2020, rendered by a Division Bench of this Court, referring some of the cases to the Full Bench, which in turn, was on the basis of an order dated 06.11.2019, rendered by the learned Single Judge, in some of those cases. As per the afore order dated 06.11.2019, the learned Single Judge has taken the view that the dictum laid down by the Division Bench of this Court, in the case in Ambika v. Kottappady Service Co-operative Bank Ltd. [2018 (3) KLT 779 (DB)], requires reconsideration and that the proposition laid down in Ambika’s case supra [2018 (3) KLT 779 (DB)] is doubted and after citing various decisions therein, more particularly, the decision of the Apex Court in the case in State Bank of India (SBI) & Ors v. S.N. Goyal [2008 (8) SCC 92], the learned Single Judge has doubted the correctness of the proposition rendered by the Division Bench of this Court in Ambika’s case supra [2018 (3) KLT 779 (DB)].

2. The Division Bench, as per the afore order dated 25.

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