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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
MANIKANTAN.K – Appellant
Versus
SPECIAL SALES OFFICER/ARBITRATOR PARASUVAIKKAL SERVICE CO OPERATIVE BANK LTD – Respondent
| Table of Content |
|---|
| 1. challenging cooperative bank recovery (Para 1) |
| 2. details of interim order (Para 2) |
| 3. respondent's argument on maintainability (Para 3 , 4) |
| 4. court's findings on credibility (Para 5 , 6) |
JUDGMENT
Petitioners have approached this Court challenging the recovery proceedings initiated by the 2nd respondent bank to recover amounts due under an Award obtained by the Bank in proceedings under Section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the 1969 Act’).
2. On 07.10.2025, this this Court passed the following interim order:-
‘’Admit.
Issue notice to the respondents. Petitioners shall remit Rupees two lakh within one month with the bank. The petitioner is prepared to pay the balance amount due to the bank in installments. If sale takes place as scheduled, its confirmation shall stand deferred on condition that the petitioners remit Rupees two lakh as directed above.’’
3. Learned counsel appearing for the respondent bank refers to the counter affidavit filed before this Court and submits that immediately after filing of this writ petition and the interim order dated 07.10.2025, the petitioners filed O.S. seeking injunction, restraining t
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