W.P.(C) Nos. 22381 of 2017 & 11478 of 2021 (Kidmath Organization of Padne v State of Kerala and others; Sharaf Arts and Science College Committee v State of Kerala and others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 22381 OF 2017** ## **PETITIONER/S:** KIDMATH ORGANIZATION OF PADNE REGISTERED NO.247/1993, PADANE POST, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY, T.P.ABDUL MUTHALIB, S/O MUHAMMEDKUNHI, R/AT RAZIYA MANZIL, PADNE, KASARAGODE DISTRICT. BY ADV KODOTH SREEDHARAN ## **RESPONDENT/S:** 1 STATE OF KERALA REORESENTED BY ITS SECRTARY, DEPARTMENT OF REGISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1 2 DISTRICT REGISTRAR SOCIETIES (GENERAL), VIDYANAGER, KASARAGOD. 3 DEPUTY INSPECTOR GENERAL OF REGISTRATION NORTH ZONE, KOZHIKODE. 4 INSPECTOR GENERAL OF REGISTRATION VANCHIYOOR, THIRUVANANTHAPURAM. 5 P.K.C. MAHAMOOD HAJEE S/O KUHAHAMMED, KOTTAYAMTHAR, POST PADANNA, KASARAGOD DISTRICT. 6 P.C.JALEEL S/O ABDUL KHADER HAJEE, POST PADANNA, KASARAGOD DISTRICT. 7 K. MUSTHAFA S/O MUHAMMED HAJEE, KOTTAYAMTHAR, POST PADANNA, KASARAGOD DISTRICT. BY ADVS. GOVERNMENT PLEADER SRI.P.K.RAVISANKAR ## **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON** **21.07.2022, THE COURT ON 13.01.2023 ALONG WITH WP(C) No.11478/2021, DELIVERED THE FOLLOWING:** W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944** ## **WP(C) NO. 11478 OF 2021** ## **PETITIONER/S:** 1 SHARAF ARTS AND SCIENCE COLLEGE COMMITTEE REGISTRATION NO.192/2006, REPRESENTED BY ITS PRESIDENT, PADNE POST, KASARAGOD DISTRICT671312. 2 P.K.C. ABDU SAMAD HAJI, S/O. AHAMMED HAJI, AGED 63 YEARS, PRESIDENT, SHARAF ARTS AND SCIENCE COLLEGE COMMITTEE, RESIDING AT RAZIYA MANZIL, CHOKKIKANDAM, KOTTAYAMTHAR-KAVUMTHALA ROAD, PADNE POST, KASARAGOD DISTRICT-671312. BY ADV P.K.RAVI SANKAR ## **RESPONDENT/S:** - 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM-695001. - 2 INSPECTOR GENERAL, DEPARTMENT OF REGISTRATION, VANCHIYUR P.O., THIRUVANANTHAPURAM, KERALA-695035. - 3 DISTRICT REGISTRAR, KASARAGOD, CIVIL STATION A BLOCK, VIDYANAGAR, KASARAGOD-671123. - 4 KIDMATH ORGANISATION OF PADNE, REGISTRATION NO. 247/93, REPRESENTED BY ITS SECRETARY, PADNE POST, KASARAGOD DISTRICT671312. - 5 ABDUL MUTHALIB T.P. SECRETARY, KIDMATH ORGANISATION OF PADNE, PADNE W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -3- POST, KASARAGOD DISTRICT-671312. BY ADV KODOTH SREEDHARAN ## **OTHER PRESENT:** GP RAJEEV JYOTHISH GEORGE; RIYAL DEVASSY **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.07.2022, THE COURT ON 13.01.2023 ALONG WITH WP(C) No.22381/2017, DELIVERED THE FOLLOWING:** W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -4- ## **JUDGMENT** Dated this the 13[th] day of January, 2023 The petitioner in W.P.(C) No.22381 of 2017 is the Kidmath Organisation of Padne, a Society registered in the year 1993 under the Societies Registration Act, 1860. The first petitioner in W.P.(C) No.11478 of 2021 is the Sharaf Arts and Science College Committee, Padanna, another Society registered on 11.10.2006. The writ petitions are the offshoot of a tussle for administrative control of the Sharaf Arts and Science College. The Kidmath Organisation of Padne ('the KOP' for short) claims that the Sharaf Arts and Science College is under its administrative control, whereas the Sharaf Arts and Science College Committee ('the College Committee' for short) contends that the College has nothing to do with the KOP and is under the ## W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -5- College Committee, a separate society governed by its own byelaws and administered by its own office bearers. The aforementioned dispute being unnecessary for deciding the issue involved herein, is not being delved into. Shorn of such unnecessary details, the essential facts are as under; The College Committee has been filing the list of its office bearers before the District Registrar, Kasaragod periodically, as mandated under Section 4 of the Societies Registration Act ('the Act' for short). The Registrar used to accept the list of office bearers and record the annual returns submitted by the College Committee. While so, the KOP filed a complaint against accepting the list of office bearers submitted by the College Committee. In spite of the objection, the Registrar accepted the list and recorded the annual return submitted by the W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -6- College Committee for the period 2008 to 2015. Thereafter also, when the College Committee submitted the list of its office bearers and annual returns, the KOP raised objection. Even though the objector was informed that a hearing will be conducted on the objection, nothing was done. Hence, KOP filed W.P.(C) No.22381 of 2017, seeking the following reliefs; _“i) A writ of certiorari or any other appropriate writ order or direction quashing Ext.P19, Ext.P21 and Ext.P24._ _ii) An order of stay of operation of Ext.P19 and Ext.P21, pending disposal of writ petition.”_ 2. The College Committee's grievance is regarding non-acceptance of the list of its office bearers for the year 2021 by the Registrar, by reason of the complaint dated 15.07.2020 filed by the 5[th] respondent, in his alleged capacity as Secretary of the KOP. The College Committee has therefore filed W.P.(C) W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -7- No.11478 of 2021 seeking the following reliefs; _“(i) Call for the records leading to Exhibit P8 and issue a writ in the nature of certiorari quashing Exhibit P8;_ _(ii) issue a writ of mandamus, order or direction directing the 3[rd] respondent to acept the Exhibit P7 list of office bearers;_ _(iii) grant such other reliefs that prayed for from time to time; and_ _(iv) award cost of this proceedings.”_ 3. Heard Advs.Kodoth Sridharan and Mohammed Sha for the KOP, Adv.P.K.Ravisankar for the College Committee and Government Pleader Adv.Riyal Devassy for the District Registrar and other official respondents. 4. Adv.Kodoth Sridharan contended that the KOP is having possessory rights over the property in which the Sharaf Arts and Science College is situated and administrative control over its affairs. This has been acknowledged by the civil court while granting injunction order passed in W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -8- favour of the KOP in the pending civil suits. It is contended that the Registrar is bound to consider the orders of the competent civil court while deciding the claim for acceptance of the list of office bearers. In support of this contention, reliance is placed on the Apex Court decision in _**Ramchandra Dagdu Sonavane (Dead), By LRS and others v. Vithu Hira Mahar (Dead) by LRS.**_ _**And others [2009 (10) SCC 273]**_ . Drawing attention to the byelaws of the KOP, it is contended that the byelaws contain Clauses dealing with the administration of the College. Relying on the decision in _**C.M.Z.Musliar v.**_ _**Aboobacker [1998 (1) KLT 136]**_ , it is contended that in the event of there being difference and disputes as to who are the members of the governing committee, the Registrar has discretion to conduct enquiry and accept one list. 5. Responding to the contentions, ## W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -9- Adv.P.K.Ravi Sankar submitted that the dispute involved in the civil suit is between the KOP and the defendants therein and the present office bearers of the College Committee are not parties to the suit. Whatever be the order in the civil suits, affiliation of the College is in the name of the College Committee and the Vice Chancellor of Kannur University has acknowledged the Committee's ownership and that order was upheld by the Single Bench affirmed by the Division Bench. It is contended that the KOP cannot object to the acceptance of the list of office bearers submitted by the College Committee on the premise that the byelaws of the KOP contain Clause dealing with the administration of the College. It is contended that the decision relied on by the Counsel for the KOP has no application, since the dispute is not regarding the administration of the College or about the ownership and W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -10- possession of the properties. The dispute is confined to the issue and acceptance of the list of office bearers of the College Committee by the Registrar. It is contended that under the scheme of the Registration Act, the Registrar has minimal role in the affairs of registered societies. Section 4 of the Act mandates that the general body meeting of the Society should be held every year and the list containing the names, addresses and occupation of the persons in the management of the affairs of the society should be filed before the Registrar. Going by the Section, once the list containing the requisite details is submitted, the Registrar has to accept the same. The legal position has been laid down in _**Narayanan K.K and others v. District Registrar [2015 (4) KLT 1028]**_ and _**Moozhikkal Aboobacker v District Registrar (General) and others**_ **[** _**2017(2) KLT 792**_ . Hence, the proposal to W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -11- conduct hearing, before accepting the list submitted by the Committee, based on the complaint filed by a third party, is patently illegal. 6. The main contention urged on behalf of the KOP is based on the interim injunction orders passed in its favour by the civil court. A perusal of the order passed in I.A.Nos.2440/2008 and 3536 of 2008 in O.S.No.241 of 2008 shows that in I.A.No.2440/2008, the challenge was against the election of office bearers to the KOP and the College Committee conducted on 28.05.2008. In I.A.No.3536 of 2008, the petitioners claim to be the legally elected office bearers of the KOP. The trial court dismissed I.A.No.2440/2008 and allowed I.A.No.3536 of 2008. In my considered opinion, the interim injunction order granted in favour of the KOP, restraining the respondents in the application and their men from interfering ## W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -12- with the affairs of the KOP and the Sharaf Arts and Science College have nothing to do with the question whether the list of office bearers of the College Committee elected in the year 20202021, is to be accepted or not. Likewise, by the interim injunction in I.A.No.2979 of 2006 in O.S.No.329 of 2006, the respondents in that application are restrained from interfering with the management of the KOP and the College. That order also cannot be a reason for the Registrar to entertain the complaint filed by the KOP. The decision in _**Ramchandra Dagdu Sonavane** (supra)_ being on entirely different set of facts, has no application. A close scrutiny of Section 4 shows that the Registrar is duty bound to accept the list of office bearers, once the list is found to be in order. In _**C.M.Z.Musliar** (supra)_ , the dispute was between the rival factions claiming to the ## W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -13- members of a governing committee and it was in that context that the Division Bench held the Registrar to be having the discretion to conduct enquiry and accept one list. Here, the KOP's objection is premised on the claim that, the administration of the College vested with it by virtue of its byelaw provisions. Being so, the acceptance or otherwise of the list of office bearers of the College Committee having its own byelaws, has nothing to do with the objection raised by the KOP. This position has been succinctly laid down by a learned Single Judge in _**Moozhikkal Aboobacker v. District Registrar (General) and others**_ **[** _**2017 (2) KLT 792]**_ , paragraph 18 of which is extracted hereunder; _“18. I am, reading the inviolable command under the above section, unable to understand how the members of one society can object to the registration of members of another society because if at all any one could object to such registration, would be persons who are members_ W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -14- _of the same society, claiming that they and not the persons, who claim to be the office bearers of that society, are in office. It is ineffable as to how the petitioner or the second respondent can object to each other’s lists that are presented by the respective societies for registration under Section 4 of the Act. These attempts have been made by both sides only because they seem to be harbouring the impression that by doing so and by opposing and thus denying such registration that Society would then have no foundations to exist. Obviously, the petitioner Sangham appears to believe that it is do-or-die situation for them in making objections to the registration of the members of the office bearers of the Namskara Palli Committee because by such registration being denied, they would, obviously, be unable to function. This is the oldest trick in the book where one annihilates the opponent so as the claims are then monopolised. This cannot be lost sight of by the authorities while considering these issues especially when rival claims are stake.”_ I am in respectful agreement with the above finding. W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -15- In the result, W.P.(C) No.22381 of 2017 is dismissed. W.P.(C) No.11478 of 2021 is allowed. The District Registrar, Kasaragod is directed to accept the list of office bearers for the year 2021-22 submitted by the petitioners in W.P.(C) No.11478 of 2021, if the list satisfies the requirements of Section 4 of the Societies Registration Act, 1860. It is made clear that the observations and findings in the judgment are only in relation to the acceptability or otherwise of the list of office bearers of the College Committee. Sd/- ## **V.G.ARUN JUDGE** Scl/ W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -16- ## **APPENDIX OF WP(C) 22381/2017** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE ORDER IN| |---|---| ||I.A.3536/2008 DATED 27/11/2008 IN OS| ||NO.241/2008 BY THE MUNSIF COURT,| ||HOSDURG.| |EXHIBIT P2|TRUE COPY OF THE NO.2979/2006 IN OS| ||NO. 329/2006 DATED 10/01/2009 BY THE| ||MUNSIFF COURT, HOSDURG.| |EXHIBIT P3|TRUE COPY OF THE INTERIM ORDER DATED| ||21/10/2015 IN WPC NO. 32293/2015 BY| ||THIS HON'BLE COURT.| |EXHIBIT P4|TRUE COPY OF THE INTERIM ORDER IN WPC| ||NO. 13676/2016 DATED 6/4/2016 BY THIS| ||HON'BLE COURT.| |EXHIBIT P5|TRUE COPY OF THE COMMON INTERIM ORDER| ||IN WPC 21611/2016 AND WPC NO| ||13676/2016 DFT.01/8/2016 BY THIS| ||HON'BLE COURT.| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT IN WA| ||NO.1575/2016 AND WA 1588/2016 DATED| ||29/8/2016 DATED 29/8/2016 BY THIS| ||HON'BLE COURT.| |EXHIBIT P7|true copy of the interim order in wpc| ||no 15736/2017 dated 22/5/2017 by this| ||hon'ble court.| |EXHIBIT P8|TRUE COPY OF THE NOTICES DATED| ||23/3/2016 BY THE UNIVERSITY.| |EXHIBIT P8A|TRUE COPY OF THE NOTICE DATED| ||17/6/2016 BY THE UNIVERSITY| |EXHIBIT P8B|TRUE COPY OF THE NOTICE DATED| ||29/11/2016 BY THE UNIVERSITY.| |EXHIBIT P9|TRUE COPY OF THE NOTICE ISSUED TO THE| ||PETITIONER DATED 8/4/16 BY THE| ||CHERUVATHUR GRAMA PANCHAYATH.| |EXHIBIT P10|TRUE COPY OF THE NOTICE DATED| ||25/7/2016 ISSUED BY THE PANCHAYATH| |EXHIBIT P11|TRUE COPY OF THE NOTICE ISSUED TO THE| ||PETITIONER DATED 7/2/2017 ISSUED BY| ## W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -17- THE PANCHAYATH. ||THE PANCHAYATH.| |---|---| |EXHIBIT P12|TRUE COPY OF THE JUDGMENT IN WPC NO.| ||4904/2017 DT.14/02/2017 BY THIS| ||HON'BLE COURT.| |EXHIBIT P13|TRUE COPY OF THE INTERIM ORDER IN WA| ||NO.390/2017 DT/28/2/2017 BY THIS| ||HON'BLE COURT.| |EXHIBIT P14|TRUE COPY OF THE BYELAWS OF THE| ||KIDMATH ORGANIZATION OF PANDE.| |EXHIBIT P14A|TRUE COPY OF THE AMENDED BYELAWS OF| ||THE KIDMATH ORGANIZATION OF PADNE.| |EXHIBIT P15|TRUE COPY OF THE MEMO SUBMITTED BY HIM| ||ON 3/7/2003.| |EXHIBIT P16|TRUE COPY OF THE LETTER DT. 24/11/2008| ||BY KANNUR UNIVERSITY.| |EXHIBIT P17|TRUE COPY OF THE COMMUNICATION DATED| ||22/7/2008 ISSUED BY THE REGISTRAR TO| ||THE PETITIONER| |EXHIBIT P18|TRUE COPY OF THE ACKNOWLEDGMENT DATED| ||2/1/2009 IN THE LETTER DATED| ||31/12/2006.| |EXHIBIT P19|TRUE COPY OF THE ANNUAL RETURN OF THE| ||OFFICE BEARERS FURNISHED BY PKC| ||MAHMOOD HAJEE AND REGISTERED BY THE| ||REGISTRAR OF SOCIETIES ON 4/9/2015 FOR| ||THE PERIOD FROM 2008 TO 2015.| |EXHIBIT P20|TRUE COPY OF THE COMPLAINT DATED| ||20/2/2016 BEFORE THE 2ND RESPONDENT.| |EXHIBIT P21|TRUE COPY OF THE ANNUAL LIST OF THE| ||OFFICE BEARERS FURNISHED BY PKC| ||MAHMOOD HAJEE AND REGISTERED BY THE| ||REGISTRAR OF SOCIETIES ON 7/4/2016 FOR| ||THE PERIOD FROM 2016-1027| |EXHIBIT P22|TRUE COPY OF THE OBJECTION DATED| ||8/8/2016 FILED BY THE PETITIONER.| |EXHIBIT P23|TRUE COPY OF THE NOTICE DT. 25/8/2016| ||2ND RESPONDENT.| |EXHIBIT P24|TRUE COPY OF THE ORDER PASSED BY THE| ||REGIONAL INSPECTOR GENERAL OF| ||REGISTRATION DATED 20/6/2017.| W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -18- ## **APPENDIX OF WP(C) 11478/2021** |PETITIONER EXHIBITS|PETITIONER EXHIBITS| |---|---| |Exhibit P1|TRUE COPY OF THE CERTIFICATE OF| ||REGISTRATION OF THE 1ST PETITIONER| ||DATED 11/10/2006 ISSUED BY THE 3RD| ||RESPONDENT.| |Exhibit P2|TRUE COPY OF THE MEMORANDUM OF| ||ASSOCIATION TOGETHER WITH THE RULES| ||AND REGULATIONS OF THE 1ST PETITIONER.| |Exhibit P3|TRUE COPY OF THE U.O. NO. ACAD/A2/1359| ||DATED 20/10/2015 ISSUED BY THE| ||REGISTRAR OF THE KANNUR UNIVERSITY.| |Exhibit P4|TRUE COPY OF THE JUDGMENT DATED| ||11/12/2017 IN WPC NO. 32293/2015 ON| ||THE FILE OF THIS HONOURABLE COURT.| |Exhibit P5|TRUE COPY OF THE JUDGMENT DATED| ||17/08/2018 IN WA NO.1065/2018 ON THE| ||FILE OF THIS HONOURABLE COURT.| |Exhibit P6|TRUE COPY OF THE JUDGMENT DATED| ||23/01/2019 IN WPC NO. 36440/2018 ON| ||THE FILE OF THIS HONOURABLE COURT.| |Exhibit P7|TRUE COPY OF THE LIST OF OFFICE| ||BEARERS FOR THE YEAR 2021-2022 ALONG| ||WITH COVERING LETTER DATED 01/03/2021| ||SUBMITTED BY THE 1ST PETITIONER BEFORE| ||THE 3RD RESPONDENT.| |Exhibit P7(A)|TRUE TRANSLATED COPY OF THE COVERING| ||LETTER DATED 01/03/2021 SUBMITTED BY| ||THE 1ST PETITIONER BEFORE THE 3RD| ||RESPONDENT.| |Exhibit P8|TUE COPY OF THE LETTER NO.| ||NDIS.G3/1145/2021 DATED 26/03/2021| ||ISSUED BY THE 3RD RESPONDENT.| |Exhibit P8(A)|TRUE TRANSLATED COPY OF EXHIBIT P8.| |Exhibit P9|TRUE COPY OF THE COMPLAINT DATED| ||15/07/2020 FILED BY THE 4TH RESPONDENT| ||BEFORE THE 2ND RESPONDENT.| |Exhibit P9(A)|TRUE TRANSLATED COPY OF EXHIBIT P9.| |Exhibit P10|TRUE COPY OF TYHE PLAINT IN OS 329/006| W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -19- ON THE FILES OF MUNSIFF S COURT, HOSDURG. Exhibit P11 TRUE COPY OF THE PLAINT IN OS NO.241/2008 ON THE FILES OF MUNSIFF S COURT, HOSDURG. Exhibit P12 TRUE COPY OF THE CERTIFIED COPY OF THE LIST OF OFFICE BEARERS OF THE 1ST PETITIONER FOR THE YEAR 2021-21 ISSUED BY THE 3RD RESPONDENT. RESPONDENT EXHIBITS Exhibit R5(A) TRUE COPY OF THE INTERIM ORDER IN I.A.NO.2979/06 IN OS.NO.329/06 OF MUNSIFF COURT, HOSDURG DT. 10-01-2007. Exhibit R5(B) TRUE COPY OF THE COMMON ORDER PASSED BY THE MUNSIFF COURT OF HOSDURG IN I.A. 2440/2008 AND 3536/2008 IN O.S.241/08 DATED 27-11-2008. Exhibit R5(C) TRUE COPY OF THE ORDER IN WP NO.22381/2017 DT. 25-7-2017 BY THIS HON'BLE COURT. Exhibit R5(D) TRUE COPY OF THE AMENDED BYELAW INCORPORATING CLAUSE 18 INTER ALIAS 18(A) & 18(B) PROVIDED THAT KIDMATH ORGANIZATION OF PADNE. Exhibit R5(E) TRUE COPY OF THE JUDGMENT DATED 11-122017 IN WP(C)NO.32293/2015 BY THIS HON'BLE COURT. Exhibit R5(F) TRUE COPY OF THE JUDGMENT DATED 17-082018 IN WA.NO. 1065/2018 BY THIS HON'BLE COURT. Exhibit R5(G) TRUE COPY OF THE COMMON JUDGMENT DT. 30-08-2017 IN WP(C) NO.13676/2016(H) AND WP(C) NO.21611/2016 BY THIS HON'BLE COURT. Exhibit R5(H) TRUE COPY OF THE JUDGMENT DATED 04-122017 IN WA NO. 1912/2017 BY THIS HON'BLE COURT. Exhibit R5(I) TRUE COPY OF THE JUDGMENT DATED 23-01- W.P.(C) Nos.22381 of 2017 & W.P.(C) No.11478 of 2021 -20- 2019 WP(C) NO.36440/2018 OF THIS HON'BLE COURT. Exhibit R5(J) TRUE COPY OF THE LIST OF CONTRIBUTION BY WAY OF LOAN AVAILED BY THE RESPONDENT.