SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Ker) 272

GOPINATH P.
PNB Vesper Life Science Pvt Ltd. – Appellant
Versus
Registrar Of Co-Operative Societies – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.M.MONAYE, M.PAUL VARGHESE, K.V.SANOSH, ANJANA SUGUNAN
For the Respondent: ADV P.C SASIDHARAN, SRI. BIMAL K NATH (SR GP)

JUDGMENT :

The facts of this case (to the extent they are required to be considered for the adjudication of the only point now arising) are brief -the 1st petitioner -PNB Vesper Life Science (P) Ltd., is a company incorporated under the Companies Act, 1956. The 2nd petitioner is stated to be a former Director of the 1st petitioner. An item of property belonging to her has been mortgaged to secure the repayment of a loan availed by the 1st petitioner from the erstwhile Thrissur District Co-operative Bank, which has now merged with the 1st respondent -the Kerala State Co-operative Bank Ltd. (‘the Bank’). On 30.3.2023, the 1st petitioner remitted an amount of Rs. 2,46,95,424/-to the 2nd respondent Bank in full and final settlement of its liabilities. [The amount to be paid by the 1st petitioner to settle the liability under a one-time settlement was intimated to the 1st petitioner through Ext P.20 letter dated 23.03.2023 and the amount was to be paid on or before 31.3.2023]. On account of the settlement of liability, as above, the only relief in the writ petition that survives for consideration is relief No. (vi) which reads as under:-

    “(vi) Declare that when the loan, in respect of PNB

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top