JOSEPH Vs. MALANAD SERVICE CO-OP BANK

JUDGEMENT

(1.) These writ petitions raise a common question of law and can be conveniently disposed of by a common judgment.

(2.) The petitioners in these writ petitions had availed credit facilities from the Malanad Service Co-operative Bank Ltd (hereinafter referred to as 'the Bank'). On default being committed, the Bank initiated recovery proceedings. The matter was referred to the Lok Adalath constituted under the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the 1987 Act'). The dispute was settled in terms of the provisions contained in Sec. 21 of the 1987 Act, and awards were drawn up based on the said settlement. Since the petitioners failed to pay the amounts determined as payable by them in terms of the awards passed under the 1987 Act, the Bank sought to have the awards executed by filing execution petitions [E.P 21 of 2023 in P.L.P 4522 of 2022; E.P 22 of 2023 in P.L.P 4652 of 2022; E.P 35 of 2023 in P.L.P 4556 of 2022; E.P 41 of 2023 in P.L.P 4524 of 2022 and E.P 36 of 2023 in P.L.P 4530 of 2022.] before the Subordinate Judge's Court, Kattappana. The petitioners raised a contention that the awards were not accompanied by a certificate as contemplated by the provisions of Sec. 76 (a) of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the 1969 Act') and thus could not be executed through the civil court. The said objection was overruled by the Subordinate Judge's Court, Kattappana, prompting the petitioners to approach this court by filing the above writ petitions.

(3.) The petitioners contended on the strength of an unreported judgment of this court in W.P (C) No.11304/2008 that when the provisions of Sec. 100 of the 1969 Act bars the jurisdiction of the civil courts in respect of any matter where dispute is with a Co-operative Bank; notwithstanding the provisions of Sec. 21 of the 1987 Act, execution can be levied through the civil court only if such application is accompanied by a certificate issued by the Registrar of Co-operative Societies as contemplated by the provisions of Sec. 76 (a) of the 1969 Act.