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AMIT RAWAL, EASWARAN S.
State Of Kerala Represented By Its Secretary To Government, Department Of Co-Operation, Government Secretariat, Thiruvananthapuram – Appellant
Versus
Thekkumbhagam Service Co-Operative Bank Ltd. – Respondent
JUDGMENT :
Amit Rawal, J.
[WA Nos.584/2024, 715/2024, 732/2024, 740/2024, 750/2024, 754/2024, 761/2024, 776/2024, 782/2024, 783/2024, 784/2024, 790/2024, 792/2024, 821/2024, 857/2024, 863/2024, 955/2024, 1113/2024]
1. This order of ours shall dispose of all the 18 (eighteen) writ appeals preferred against the common judgment of Single Bench dated 18.01.2024 in W.P(C).No.33185/2011 and connected writ petitions filed by the Society whereby the action of the Government and order of the Registrar vide Government order dated 06.12.2020, Circular Nos.1/2011 and 12/2011 dated 03.01.2011 and 01.02.2011 respectively, ultra vires of the provision of the Kerala Co-operative Societies Act, 1969, have been quashed.
2. Succinctly, the facts in brief are that Co-operative Banks registered under the Kerala Co-operative Societies Act and Primary Agricultural Credit Societies defined under Section 2(o)(a) of the Act have been extending the facilities of loan and credit by way of mortgage entering into a contract to fishermen. Many fishermen had been obtaining loan as per the terms and conditions of the contract defining the principal, interest and penal interest and consequential action by creating a mo
The Government's circulars regarding debt relief were quashed as ultra vires the Kerala Co-operative Societies Act, confirming the Registrar's powers must respect contractual agreements.
S.66A gives due authority/power to the Registrar to give such directions. The Section empowers the Registrar to give general directions for furtherance of the purposes of the Act.
The court reinforced that cooperative banks must adhere to statutory schemes to refund fixed depositors while establishing a framework for recovering debts and ensuring compliance with financial regu....
Liability under Section 68(1) of the Kerala Co-operative Societies Act must be fixed individually, not jointly, ensuring compliance with statutory provisions.
The Government's power to grant exemptions under Section 101 of the Kerala Co-operative Societies Act is valid if justified by public interest, and is subject to judicial review for legality.
The court established that under the MCS Act, the issuance of recovery certificates involves a summary inquiry focused on the quantification of arrears, and that disputes requiring evidence must be a....
The winding up of a cooperative bank, governed by specific provisions, does not violate constitutional rights, ensuring the interests of depositors are prioritized.
Ex parte Order - Review of order of appellate authority - Power under Section 152 of Code are neither to be equated with power of review nor can be said to be akin to review or even said to clothe th....
The government’s exemption under Section 101 of the Kerala Co-operative Societies Act, 1969 is valid if justified by the non-functional status of the society.
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