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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ABDUL SALAM – Appellant
Versus
KODIYATHOOR SERVICE CO-OPERATIVE BANK LTD – Respondent
| Table of Content |
|---|
| 1. challenge to recovery proceedings initiated by bank. (Para 1) |
| 2. non-compliance with cooperative society laws. (Para 2) |
| 3. repayment plan approved by court. (Para 4 , 5) |
| 4. disposal of writ petition with direction to bank. (Para 6) |
JUDGMENT
This writ petition has been filed challenging the recovery proceedings initiated by the respondent bank to recover amounts due under credit facilities availed by the petitioner from the respondent bank.
2. The petitioner approached this Court taking up a specific contention that no certificate as contemplated by the provisions of Section 76 of the Kerala Co-operative Societies Act , 1969 had been obtained from the Registrar of Co-operative Societies before the execution proceedings were initiated. Considering this contention and having regard to the statutory provisions, this Court on 15.01.2026 passed the following order:-
‘’Admit.
2. Issue notice by speed post to the first respondent. Notice to the second respondent is dispensed with for the time being. The learned Government Pleader accepts notice for the third and fourth respondents. 3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. Prima fac
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