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2023 Supreme(Online)(KER) 29021
HIGH COURT OF KERALA
Devan Ramachandran, J
K. ABOOBACKER – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent
RP 349 2023
NISHA GEORGE, GEORGE POONTHOTTAM (SR.), A.L.NAVANEETH KRISHNAN
Admitted payment amounts must be disbursed despite audit objections, ensuring prompt payments to entitled parties.
Headnote:
Review - Payment of Amounts - Act Section List - The court upheld the need for the society to honor payments due to petitioners while acknowledging audit objections. The emphasis was on timely payment of admitted sums despite ongoing audits.
Fact of the Case:
The respondents indicated willingness to pay petitioners but deduct sums under audit objection. The court noted prior clarifications regarding payments and that no amounts had been transitioned to the petitioners.
Finding of the Court:
The court concluded that, while the audit objections were valid, the admitted sums must be paid to the petitioners without delay.
Issues: The main issue was whether any modification to a previous judgment was necessary, considering the ongoing audit and the society's obligations.
Ratio Decidendi: The court maintained that admitted payment amounts should be honored despite audit issues, ensuring that delays in payment are avoided.
Final Decision: No modification to the judgment; society must pay admitted sums to petitioners.
JUDGMENT
Sri.P.N.Mohanan – learned counsel for the respondents, submitted that there is nothing for this Court to review in the judgment in question because, his clients are willing to pay the amounts eligible to the petitioners, after deducting the sums which are under audit objection. He submitted that petitioners have already been notified of the same and that if they are interested, they can receive it any day now.
2. I notice that the judgment delivered by this Court was, thereafter, clarified by me through order dated 20.02.2023. Since, no amounts have been paid to the petitioners, obviously, the admitted sums should be honoured by the Society without any avoidable delay.
3. In fact, Smt.Ann Mariya Francis – learned counsel for the petitioners, submitted that the Joint Registrar has issued a new order and that her client will require to deal with the same also, as per law.
In the afore circumstances, I close this Review Petition, holding that no modification to the judgment is necessary; but recording the submissions of Sri.P.N.Mohanan as afore and leaving liberty to the petitioners to receive the amounts, minus the sums under Audit, from the Society forthwith.
Sd/-
DEVAN RAMACHANDRAN, JUDGE ACR APPENDIX OF RP 349/2023 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE ORDER IN I.A. NO.
1/2023 IN W.P.(C) NO. 9691/2022 DATED
28.02.2023 PASSED BY THIS HON'BLE COURT Annexure-A2 TRUE COPY OF THE JUDGMENT DATED
28.02.2023 IN C.O.C. NO. 45/2023 PASSED BY THIS HON'BLE COURT RESPONDENT ANNEXURES A true copy of the objection dated Annexure R3 (a)
26.10.2022 filed by the bank Annexure R3 (b) A true copy of the I.A.No.1/2023 in W.P.(C).No.9691/2022 Annexure R3 (c) . A true copy of the pay fixation statement along with the declaration and approval of the Concurrent Auditor in respect of the first petitioner Annexure R3 (d) A true copy of the order dated
01.02.2023 of the Joint Registrar
