KASARAGOD CO-OPERATIVE EDUCATIONAL SOCIETY LTD , MUNNAD Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHA-PURAM AND OTHERS

JUDGEMENT

(1.) Jurismania is a neologism employed by Paul F.Campos to describe what the learned author called the Madness of American Law. Very recently, a jurist of repute and former Chief Justice of India, Venkatachellayya, J. has, after quoting from Prof.Robert Heron Bork's The Tempting of America, cautioned thus:

(2.) Zany as the expression "jurismania" sounds, it however captures the entire spirit of the litigation in this writ petition: The petitioner seeks a mandamus to the respondent Bank that it should extend a loan to the petitioner on the terms it has chosen, rather than those chosen by the Bank, the creditor. The petitioner would like to reverse the received wisdom: No man can afford to be impatient with his creditor. I may profitably quote Benjamin Disraeli, who has said ' Debt is a prolific mother of folly and of crime' . Here it may be folly, though not a crime.

(3.) Coming to the facts, the petitioner, an Educational Society, has six colleges under its management. In the course of time, as it required necessary funds to provide some infrastructure in two colleges, it approached the respondent Bank, with whom it has been all along banking, for a loan of Rupees one crore. Along with Exhibit P1 application, it has submitted Exhibit P2 project report as well. In reply, the respondent Bank, through Exhibit P3, demanded the petitioner to produce for its verification certain documents in original. In turn, the petitioner, through Exhibit P4, replied that it lost the originals of its immovable property, but it had already taken steps to trace them. The petitioner, however, has undertaken to produce the certified copies of the original title deeds.