High Court of KeralaSingle Judge2023-09-27Contempt of Court case closed; order treated as...

Melukavu Service Co-operative Bank Ltd. v. Kerala State Co-operative Rubber Marketing Federation Ltd. and others

Case / Petition Number:Cont. Case (C) No. 604/2017

Neutral Citation::null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhammed Mustaque
Judgment Date: 2023-09-27
Court Decision / Holding: With liberty as above, this Contempt Case is closed. The order of this Court shall be treated as a decree for the purpose of execution and this Court permits the petitioner to execute it as a decree.
Final Disposition: Contempt of Court case closed; order treated as a decree for execution; petitioner permitted to execute the decree.

Parties to the Case

Appellants / Petitioners

Melukavu Service Co-operative Bank Ltd., No. 3183, Melukavukara, Melukavumattam P.O., Kottayam District-686652, represented by its Secretary

Respondents

S. Gopinath, Managing Director, Kerala State Co-operative Rubber Marketing Federation Ltd.
Addl.R2 Unnikrishnan A., S/O Govindankutty Nair, aged 56 years, Managing Director, Kerala State Co-operative Rubber Marketing Federation Ltd.
Addl.R3 Shiroz S.A., Managing Director, Kerala State Co-operative Rubber Marketing Federation Ltd.
Addl.R4 Secretary to Government, Co-operative Department, Thiruvananthapuram
Addl.R5 SMT. Baby Saji, Managing Director-in-Charge, Kerala State Co-operative Rubber Marketing Federation Ltd.
Addl.R6 The Tahsildar, Kanjirappally Taluk, Kanjirappally
Addl.R7 Kerala State Co-operative Bank Ltd., represented by its Managing Director

Legal Representation & Advocates

Counsels for Petitioners

• Mr. M.A. Thomas Kutty
• Smt. Asha Cherian
• Dr. George Abraham

Counsels for Respondents

• Sri. Jagan Abraham
• M. George
• Sri. P.P. Thajudheen N. RaghuRaj

Case Synopsis & Summary

Melukavu Service Co-operative Bank Ltd. filed Contempt Case (C) 604/2017 seeking relief for non‑compliance with a decree arising from W.P.(C) No.13259/2012 dated 8 November 2016, affirmed by the Division Bench in W.A.No.280/2017 on 3 March 2017. The decree granted recovery of a principal amount due from the Kerala State Co-operative Rubber Marketing Federation Ltd., Cochin, with the petitioner contending that while the principal had been paid, approximately Rs. 1.5 crores remained outstanding as interest. The present petition notes that certain assets of the debtor were mortgaged to the Kerala State Co-operative Bank after a Memorandum of Understanding with the State Government, which raises questions about enforcement. The court relies on the principle stated in Chief Engineer (Irrigation), Trivandrum and Another v. K. Reghunathan (2014) 1 KHC 510 that such judgments can be executed through the Civil Procedure Code, allowing the execution court to recover encumbered property and to exclude any prior period from limitation. The learned Judge’s approach emphasizes that execution is the proper route to enforce the decree and that property encumbrances should not bar execution. On these grounds, with liberty as stated, the Contempt Case is closed, and the order of this Court is to be treated as a decree for purposes of execution, with permission granted to the petitioner to execute it accordingly.

Provisions of Law Cited

Civil Procedure Code (CPC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant contends that the decree in W.P.(C) 13259/2012 and its affirmation in WA 280/2017 entitle the bank to recover the principal and accumulated interest; it asserts that execution under CPC is the proper remedy and that encumbrances on debtors’ properties do not bar such enforcement. It seeks the contempt remedy to ensure compliance and eventual recovery of amounts due.

Contentions of Respondents

The document excerpt does not provide a detailed summary of respondents’ submissions; the discussion centers on legal precedent allowing execution of decrees and addressing encumbrances, with no explicit counter‑arguments elaborated in the provided portion.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Chief Engineer (Irrigation), Trivandrum and Another v. K. Reghunathan	2014 (1) KHC 510	Positive	Cited as controlling authority supporting that a judgment can be executed through the Civil Procedure Code and that encumbrances can be addressed by the execution court.
W.P.(C) No.13259/2012	W.P.(C) No.13259/2012	Mentioned Only	Referenced as the underlying decision whose decree is being enforced; no specific validation or distinction of its principles in the contempt order.
WA No.280/2017	WA No.280/2017	Mentioned Only	Appellate affirmation of the W.P. decree; discussed only to indicate the source of the decree without further doctrinal discussion.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Melukavu Service Co-operative Bank Ltd. v. Kerala State Co-operative Rubber Marketing Federation Ltd. and others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 27[TH] DAY OF SEPTEMBER 2023 / 5TH ASWINA,** **1945** ## **CON.CASE(C) NO.604 OF 2017** **AGAINST THE JUDGMENT DATED 08.11.2016 IN W.P.(C) NO.13259/2012 AS CONFIRMED BY THE JUDGMENT DATED 03.03.2017 IN W.A.NO.280/2017** ## **PETITIONER:** **THE MELUKAVU SERVICE CO-OPERATIVE BANK LTD.NO.3183, MELUKAVUKARA, MELUKAVUMATTAM P.O., KOTTAYAM DISTRICT-686652, REPRESENTED BY ITS SECRETARY.** **BY ADVS. SRI.M.A.THOMAS KUTTY SMT.ASHA CHERIAN DR.GEORGE ABRAHAM** ## **RESPONDENTS:** **1 S.GOPINATH, MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, KOCHI-682020.** **ADDL.R2 UNNIKRISHNAN A., S/O GOVINDANKUTTY NAIR, AGED 56 YEARS, MANAGING DIRECTOR, KERALA STATE COOPERATIVE RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, KOCHI-682020.** **(IS IMPLEADED AS ADDITIONAL RESPONDENT NO.2 AS PER ORDER DATED 20.10.2017 IN I.A.NO.636/2017 IN COC 604/2017).** **ADDL.R3 SHIROZ S.A., MANAGING DIRECTOR, KERALA STATE COOPERATIVE RUBBER MARKETING FEDERATION LTD., PB NO.15, GANDHI NAGAR, KOCHI-682 020.** **(IS IMPLEADED AS PER ORDER DATED 22/01/2020 IN IA.1/2020.)** Cont. Case (c) 604/2017 2 **ADDL.R4 SECRETARY TO GOVERNMENT,** ## **CO-OPERATIVE DEPARTMENT, THIRUVANANTHAURAM.** **(IS IMPLEADED AS PER ORDER DATED 23/01/2020 IN COC.604/2017.)** **ADDL.R5 SMT.BABY SAJI, MANAGING DIRECTOR-IN-CHARGE, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., P.B. NO.15, GANDHI NAGAR, KOCHI - 682 020.** **(IS IMPLEADED AS PER ORDER DATED 26/10/2022 IN IA.2/2022 IN COC.)** ## **ADDL.R6 THE TAHSILDAR, KANJIRAPALLY TALUK, KANJIRAPALLY.** **(IS SUO MOTU IMPLEADED AS PER ORDER DATED 14/12/2022 IN COC)** **ADDL.R7 KERALA STATE CO-OPERATIVE BANK LTD., (KERALA BANK), REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695031.** **(IS IMPLEADED AS PER ORDER DATED 26.07.2023 IN IA NO.4/23 IN COC)** **BY ADVS. SRI.JAGAN ABRAHAM M.GEORGE** **BY SPECIAL GOVERNMENT PLEADER, SRI.P.P.THAJUDHEEN N.RAGHURAJ** **THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** Cont. Case (c) 604/2017 3 ## **J U D G M E N T** This Contempt Case has been pending since 2017. The petitioner is a Co-operative Society. A decree for recovery of an amount was granted by the judgment in W.P. (C) No.13259/2012 dated 08/11/2016, was affirmed by the Division Bench of this Court dated 3/3/2017 in W.A.No.280/2017. The debtor is the Kerala State Cooperative Rubber Marketing Federation Ltd., Cochin. The principal amount appears to have been paid and nearly 1.5 crores is due towards the interest. There are properties that are belonging to the debtor but appear to have been mortgaged with the Kerala State Co-operative Bank after entering into a Memorandum of Understanding with the State Government. 2. The learned Single Judge of this Court in Chief Engineer (Irrigation), Tvm and Another v. K. Reghunathan [2014 (1) KHC 510 ] held that such judgment can be executed through execution procedure under the Civil Procedure Code. In that matter, there is no difficulty for the petitioner to execute the decree. If any property is mortgaged or otherwise encumbered subject to the right of the petitioner, the petitioner can move the execution court to recover the same from the property belonging to the debtor. If any period involved before this Court, it Cont. Case (c) 604/2017 4 shall be excluded for the purpose of limitation. With liberty as above, this Contempt Case is closed. The order of this Court shall be treated as a decree for the purpose of execution and this Court permits the petitioner to execute it as a decree. **Sd/A.MUHAMED MUSTAQUE, JUDGE** ln Cont. Case (c) 604/2017 5 ## **APPENDIX OF CON.CASE(C) 604/2017** ## **PETITIONER'S ANNEXURES:** **ANNEXURE I** **CERTIFIED COPY OF THE JUDGMENT DATED 8/11/2016 IN WPC NO.13259/2012.** **ANNEXURE II CERTIFIED COPY OF THE JUDGMENT DATED 3/3/2017 IN WA NO.280/2017.** - **ANNEXURE III TRUE COPY LIST SHOWING THE DETAILS OF THE FIXED DEPOSITS OF THE PETITIONER , RENEWED BY THE FEDERATION.** - **ANNEXURE IV TRUE COPY OF THE STATEMENT SHOWING THE AMOUNTS DUE TO THE PETITIONER.** - **ANNEXURE V TRUE COPY OF THE COVERING LETTER DATED 6/12/2016 OF THE COUNSEL FOR THE PETITIONER.** - **ANNEXURE VI TRUE COPY OF THE COVERING LETTER DATED 10/3/2017.** - **ANNEXURE VII TRUE COPY OF THE COVERING LETTER DATED 23/3/2017 OF THE COUNSEL FOR THE PETITIONER.** - **ANNEXURE VIII TRUE COPY OF THE ACKOWLEDGEMENT CARD OF COVERING LETTER DATED 23/3/2017.** - **ANNEXURE IX TRUE COPY OF THE ORDER DATED 3/7/2017 IN IA NO.605/2017 IN WA NO.280/2017.** - **ANNEXURE X** - **TRUE COPY OF THE COVERING LETTER DATED 7/7/2017 OF THE COUNSEL FOR THE PETITIONER.** - **ANNEXURE XI TRUE COPY OF THE STATEMENT SHOWING THE AMOUNT DUE TO THE BANK AS ON** Cont. Case (c) 604/2017 6 ## **31/3/2017.** ## **ANNEXURE XII** **CERTIFIED COPY OF THE ORDER DATED23/8/2017 IN IA NO.977/2017 IN WA NO.280/2017.** ## **ANNEXURE XIII** **TRUE COPY OF THE LETTER DATED 10.5.2022 OF THE FINANCE MANAGER 1/C OF THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD.** **ANNEXURE A1 TRUE COPY OF THE LETTER DATED 10.05.2022 OF THE FINANCE MANAGER 1/C OF THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD.** ## **RESPONDENT ANNEXURES** - **ANNEXURE-R1(A) TRUE COPY OF G.O.(MS) NO. 363/2017/ CO-OP. DT 17.7.2017 ISSUED BY THE GOVT. OF KERALA.** - **ANNEXURE-R1(B) TRUE COPY OF COMMUNICATION NO. 8551/ A3/09/CO-OP. DT. 27.03.2014 SENT BY THE SECRETARY TO GOVT., OF KERALA, COOPERATIVE DEPARTMENT TO THE RESPONDENT ALONG B WITH THE MINUTES OF THE MEETING CONVENED ON 11.3.2014.** - **ANNEXURE-R1(C) TRUE COPY OF CONSOLIDATED TRADING & MANUFACTURING ACCOUNT FOR THE YEAR 2013-14 OF THIS RESPONDENT.** - **ANNEXURE-R1(D) TRUE COPY OF CONSOLIDATED TRADING & MANUFACTURING ACCOUNT FOR THE YEAR 2014-15 OF THIS RESPONDENT.** - **ANNEXURE-R1(E)TRUE COPY OF CONSOLIDATED TRADING & MANUFACTURING ACCOUNT FOR THE YEAR 2015-16 OF THIS RESPONDENT.** Cont. Case (c) 604/2017 7 - **ANNEXURE-R1(F)TRUE COPY OF CONSOLIDATED TRADING & MANUFACTURING ACCOUNT FOR THE YEAR 2016-17 OF THIS RESPONDENT.** **ANNEXURE-R1(G)** - **TRUE COPY OF ORDER DT. 10.10.2017 ISSUED BY THE GOVT. OF KERALA ALONG WITH THE MINUTES OF THE MEETING ANNEXURE-R1(H) - TRUE COPY OF LIST OF PARTICIPANTS OF MEETING HELD ON 09.10.2017 REGARDING THE FIXED DEPOSIT SETTLEMENT.** - **ANNEXURE-R1(1) TRUE COPY OF MINUTES OF MEETING HELD ON 09.10.2017 REGARDING THE FIXED DEPOSIT SETTLEMENT** - **ANNEXURE R4(A) A TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 2/9/2019.** ## **RESPONDENTS' ANNEXURES** - **ANNEXURE R4(B) A TRUE COPY OF THE G.O.(MS) NO.192/2011 AD DATED 5/8/2011.** **ANNEXURE R4(C) A TRUE COPY OF THE G.O.(MS) NO.204/2011/AD DATED 20/8/2011.** ## **RESPONDENTS' ANNEXURES** - **ANNEXURE R4(D) A TRUE COPY OF THE G.O.(MS) NO.225/2011/AD DATED 21/8/2013.** - **ANNEXURE R4(E) A TRUE COPY OF ENGLISH TRANSLATION OF ANNEXURE R4(D).** **ANNEXURE-R2(A) THE TRUE COPY OF THE MOU DATED 02-092019, WHEREIN THE DETAILS OF THE EIGHT PROPERTIES.** Cont. Case (c) 604/2017 8 ## **PETITIONER'S ANNEXURES** ## **ANNEXURE XIV** **TRUE COPY OF NOTICE DATED 25/2/2020 ISSUED BY THE AUTHORISED OFFICER OF THE KERALA STATE CO-OPERATIVE BANK LTD.(E-EKM DISTRICT CO-OPERATIVE BANK LTD.)** ## **ANNEXURE XV** **TRUE COPY OF THE LETTER NO. RCS/2265/2023-MP(3) DATED 4/3/2023 OF THE REGISTRAR OF CO OPERATIVE SOCIETIES.** ## **RESPONDENTS' ANNEXURES** **ANNEXURE-R5(A) COPY OF THE LETTER DATED 25-02-2020 ISSUED BY THE KERALA STATE COOPERATIVE BANK (ERSTWHILE ERNAKULAM DISTRICT CO-OPERATIVE BANK) UNDER SECTION 13(4) OF THE SECURITIZATION ACT.**