TRIVANDRUM CO Vs. KERALA CO

JUDGEMENT

(1.) The petitioner Bank, which is a Society registered under the Kerala Co-operative Societies Act, 1969, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P9 order dated 01.12.2014 of the Kerala Co-operative Ombudsman, Thiruvananthapuram in Complaint No.462 of 2014; a declaration that the petitioner Bank is justified in seeking to recover the claims due to the principal debtor from the 2nd respondent and that, the 1st respondent Co-operative Ombudsman has no authority to entertain the complaints of the nature, which lead to the passing of Ext.P9, as the same is outside the purview of the Scheme under which the Ombudsman is created.

(2.) A counter affidavit has been filed on behalf of the 2nd respondent opposing the reliefs sought for in this writ petition.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the 1st respondent and also the learned counsel appearing for the 2nd respondent.