JUDGMENT

The prayer in this original petition is to declare that Ext.P1 memorandum is unsustainable and is liable to be quashed. There is also a prayer for a direction to the respondents to recover and permit monthly instalments as requisitioned by the petitioner Society in time as provided under Section 37 of the Kerala Cooperative Societies Act , 1969 and as declared in Ext.P7 judgment.

2. The petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the KCS Act). The members of the Society are employees of the KSRTC. The Society grants loan to the employees and the monthly instalments towards repayment of the loans are remitted to the Society by the KSRTC on the basis of an agreement, whereby the employee has consented for deducting the amount towards the instalments from his salary. The remittances were made initially, but later became very irregular. The grievance of the petitioner is that even though amounts are deducted from the salary of the employees, corresponding remittances are not made towards the loan accounts and the amounts are held back by the KSRTC.

3. The petitioner submits that when there is a