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2024 Supreme(Online)(Ker) 82418

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
THOMAS K. KUTTY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 27932 OF 2024



Advocates:
For the Appellants/Petitioners: RINNY STEPHEN CHAMAPARAMPIL, ASHA ELIZABETH MATHEW, NEENA ELISABATH ANTONY
For the Respondents: SMT.SHEEJA C.S., SR.GOVERNMENT PLEADER, SRI.B.ASHOK SHENOY

The court established the principle of equitable treatment for depositors in financial distress of cooperative banks.

Headnote:This writ petition concerns the non-disbursal of matured Fixed Deposits by a cooperative bank, affecting the petitioners who sought immediate release of funds. The court previously ruled in a related case, directing prioritization of disbursements based on available funds. The decision reflects the Court's intention to include the petitioners' deposits in that priority list, ensuring equitable distribution amidst the bank’s financial difficulties.

Table of Content
1. petitioners seek disbursal of matured fixed deposits. (Para 1)
2. court's directive on petitioners' inclusion in priority disbursement. (Para 2)

JUDGMENT

Dated this the 12th day of August, 2024 The petitioners are persons who have made Fixed Deposit and Savings Bank Deposit with the 4th respondent- Bank. Though the Fixed Deposits have matured, the amounts have not been disbursed to the petitioners. In the circumstances, the petitioners seek to direct the respondents to immediately release the amounts lying in the petitioners' Fixed Deposits and Savings Bank Accounts with interest accrued thereon to the petitioners expeditiously within a specific time which may be fixed by this Court.

2. It is evident from the pleadings and arguments raised at the bar that the Bank is facing acute financial difficulties and is not in a position to honour all the demands for refund of Fixed Deposits in lump sum. Similarly situated persons approached this Court filing W.P.(C) No.13926 of 2023 and this Court directed the respondents to prepare a list of priority for disbursement/refund of Fixed Deposits. This Court directed that the disbursal of amount shall commence immediately after the lists are prepared as directed above and subject to the availability of funds with the Mavelikkara Taluk Co-operative Bank limited.

Following the said judgment, this writ petition is also disposed of directing respondents 3 to 6 to include the Fixed Deposits of the petitioners also in the priority list as per the norms followed. The benefit of the judgment in W.P.(C) No.13926 of 2023 shall be made available to the petitioners in this writ petition also.

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