W.P.(C) Nos. 2762/2021, 5579/2021, 12300/2021, 15863/2021, 22063/2021, 25710/2021 (Batch) v. The Arbitrator/Assistant Registrar of Co-operative Societies (General), Mavelikkara; Mavelikara Taluk Co-Operative Bank Ltd; Joint Registrar of Co-Operative Societies (General), Alappuzha, and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** ## **WP(C) NO. 2762 OF 2021** ## **PETITIONERS:** 1 KURIAN PALLATH AGED 58 YEARS PALLATH GRACE COTTAGE, KANDIYOOR, MAVELIKKARA, ALAPPUZHA 2 P.K.MAHENDRAN UPPUKARAN PARAMPIL, PONNARAMTHOTTAM, MAVELIKKARA, ALAPPUZHA 3 KUNJUMOL RAJU MANGALAYAM, KOTTARKAVU, MAVELIKKARA.P.O., ALAPPUZHA 4 P.MOHAN ARCHANA , WEST FORT, MAVELIKKARA.P.O., ALAPPUZHA 5 ABHILASH.S. THUMBINATHU HOUSE, CHENNITHALA SOUTH P.O., CHENNITHALA, ALAPPUZHA 6 SUJA JOSHUA OTTATHENGIL, CHENNITHALA SOUTH P.O., CHENNITHALA, ALAPPUZHA 7 AMBIKA DEVI SUNILKUMAR, THONDALIL, KOTTAKKAM, MAVELIKKARA, ALAPPUZHA, 8 KALLUMALA RAJAN KRISHNAN VILASATHU, AKKANATTUKARA, KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA, 9 JAYAKRISHNAN.P., NAMBOTHIL THEKKETHIL, WEST FORT, MAVELIKKARA, ALAPPUZHA, 10 PUSHPAVALLY.C. NAMBOTHIL THEKKETHIL, WEST FORT, MAVELIKKARA, ALAPPUZHA, BY ADVS. B.S.SWATHI KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI **WP(C) NO. 2762 OF 2021 -2-** ## **RESPONDENTS:** 1 THE ARBITRATOR/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) MAVELIKKARA, ALAPPUZHA,PIN-690 101 2 THE MAVELIKKARA TALUK CO-OPERATIVE BANK LTD NO.707, PULIMOODU JUNCTION, MAVELIKKARA P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN-690 101 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), IRON BRIDGE, ALAPPUZHA,PIN-688 011 BY ADVS. BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER SRI.B.ASHOK SHENOY SRI.P.S.GIREESH SRI.RIYAL DEVASSY SHRI.DR.ABHILASH O.U. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).5579/2021, 12300/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** **WP(C) NO. 5579 OF 2021** ## **PETITIONER:** B.K.PRASAD AGED 55 YEARS S/O.K.BALAKRISHNA PILLAI, MANAGING DIRECTOR, NAIVE PLUS SOFTWARE SOLUTIONS (P) LTD, 25/1804/A, NANDAPRAYAG, A.N.PURAM, IRON BRIDGE POST, ALAPPUZHA 688 011. BY ADVS. P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER ## **RESPONDENTS:** 1 STATE OF KERALA RE.BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYACAUD P.O., THIRUVANANTHAPURAM 695 014. 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MULLAKKAL, ALAPPUZHA 688 011. 4 ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MINI CIVIL STATION, 2ND FLOOR, MAVELIKKARA, ALAPPUZHA 690 101 5 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD. REP.BY ITS SECRETARY, PULIMOODU JN., MAVELIKARA, ALAPPUZHA 690 101 BY ADVS. BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER SRI.B.ASHOK SHENOY SRI.P.S.GIREESH SRI.RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).2762/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** **WP(C) NO. 12300 OF 2021** ## **PETITIONER:** B.K.PRASAD AGED 55 YEARS S/O. K. BALAKRISHNA PILLAI, MANAGING DIRECTOR, NAIVE PLUS SOFTWARE SOLUTIONS (P) LTD, 25/1804/A, NANDAPRAYAG, A.N PURAM, IRON BRIDGE POST, ALAPPUZHA 688 011 BY ADVS. P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE MANU VYASAN PETER MEERA P. **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 REGISTRAR OF CO-OPEERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM 695 001 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) MULLAKKAL, ALAPPUZHA, 688 011 4 ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) MINI CIVIL STATION, 2ND FLOOR, MAVELIKKARA, ALAPPUZHA 690 101 5 MAVELIKKARA TALUK CO-OPERATIVE BANK LTD, REPRESENTED BY THE SECRETARY, PULIMOODU JN, MAVELIKARA, ALAPPUZHA 690 101 BY ADVS. BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER B.ASHOK SHENOY P.S.GIREESH RIYAL DEVASSY Arjun R Naik THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).2762/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** **WP(C) NO. 15863 OF 2021** ## **PETITIONERS:** 1 KURIAN PALLATH, AGED 58 YEARS PALLATH GRACE COTTAGE, KANDIYOOR, MAVELIKARA ALAPPUZHA. 2 P. MOHAN, ARCHANA, WEST FORT, MAVELIKARA P.O., ALAPPUZHA. 3 P.K. MAHENDRAN, UPPUKARAN PARAMBIL PONNARAMTHOTTAM, MAVELIKARA ALAPPUZHA. 4 ABHILASH.S., THUMBINATHU HOUSE, CHENNITHALA SOUTH P.O. CHENNITHALA, ALAPPUZHA. 5 AMBIA DEVI SUNILKUMAR, THONDALIL, KOTTAKKAM, MAVELIKARA, ALAPPUZHA. 6 SUJA JOSHUA, OTTATHENGIL, CHENNITHALA SOUTH P.O. MAVELIKARA ALAPPUZHA. 7 KUNJUMOL RAJU, MANGALAYAM, KOTTARKAVU, MAVELIKARA P.O. ALAPPUZHA. 8 KALLUMALA RAJAN, KRISHNA VILASATHU, AKKANATTUKARA, KALLUMALA P.O. MAVELIKARA, ALAPPUZHA. 9 PUSHPAVALLEY C., NAMOTHIL THEKKETHIL WEST FORT, MAVELIKARA ALAPPUZHA., **WP(C) NO. 15863 OF 2021 -2-** 10 JAYAKRISHNAN, P., NAMBOTHILTHEKKETHIL, WEST FORT, MAVELIKARA, ALAPPUZHA. BY ADVS. B.S.SWATHI KUMAR ANITHA RAVINDRAN HARISANKAR N UNNI SARANGADHARAN P. REMYA MURALI ## **RESPONDENTS:** 1 THE ARBITRATOR/ ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MAVELIKKARA, ALAPPUZHA 690 101. 2 THE MAVELIKARA TALUK CO OPERATIVE BANK LTD NO. 707, PULIMOODU JUNCTION, MAVELIKARA P.O. ALAPPUZHA, REPRESENTED BY ITS SECRETARY, 690 101. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) IRON BRIDGE, ALAPPUZHA 688 011. BY ADVS. BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).2762/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** ## **WP(C) NO. 22063 OF 2021** ## **PETITIONERS:** 1 J.MANOHARI AMMA, AGED 78 YEARS W/O. PRABHAKARAN PILLAI V., KOTTAPPURATHU VEEDU, MATTOM SOUTH, TATTARAMBALAM P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 2 GEETHA K.M., D/O. PRABHAKARAN PILLAI V., EDAYILE VEETTIL THARAYIL, KANDALLOOR P.O., PULLUKULANGARA, KAYAMKULAM. 3 SHEELA K.M., KOTTAPPURATHU VEEDU, MATTOM SOUTH, THATTARAMBALAM P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY HER SISTER LEELA K.M., D/O. PRABHAKARAN PILLAI V., DWARAKA, KOMAMA, AMBALAPUZHA. 4 LEELA K.M., D/O. PRABHAKARAN PILLAI V., DWARAKA, KOMAMA, AMBALAPUZHA. 5 SREEDEVI K.M., D/O. PRABHAKARAN PILLAI V., PADMAVILASATH, KOMANA MURI, AMBALAPPUZHA VILLAGE, AMBALAPPUZHA P.O., RESIDES IN KOTTAPPURATHU KARTHIKA, MATTOM SOUTH, THATTARAMBALAM P.O., MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV M.K.PRADEEPKUMAR ## **RESPONDENTS:** 1 THE ARBITRATOR / ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MAVELIKKARA, ALAPPUZHA-690101. 2 MAVELIKARA TALUK CO-OPERATIVE BANK LIMITED NO. 707, REPRESENTED BY ITS SECRETARY, MAVELIKKARA P.O., ALAPPUZHA688013. **WP(C) NO. 22063 OF 2021 -2-** 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA-688011. BY ADVS. B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).2762/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF JANUARY 2022 / 14TH POUSHA, 1943** ## **WP(C) NO. 25710 OF 2021** ## **PETITIONER:** ANNAMMA MATHEW AGED 60 YEARS THOMMAN PARAMBIL, THAZHAKKARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN ## **RESPONDENTS:** 1 THE MANAGING COMMITTEE OF THE MAVELIKARA TALUK CO-OPERATIVE BANK LTD.NO. 707 REPRESENTED BY ITS PRESIDENT, HEAD OFFICE, PULIMOODU JUNCTION, MAVELIKKARA PO., ALAPPUZHA DISTRICT, PIN-690101. 2 THE MAVELIKARA TALUK CO-OPERATIVE BANK LTD.NO.707, REPRESENTED BY ITS SECRETARY, HEAD OFFICE, PULIMOODU JUNCTION, MAVELIKKARA P.O., ALAPPUZHA DISTRICT, PIN-690101. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MAVELIKARA, ALAPPUZHA, PIN-690101. 4 THE ARBITRATOR/ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MAVELIKARA, ALAPPUZHA, PIN-690101. BY ADVS. B.ASHOK SHENOY P.S.GIREESH ARJUN R NAIK BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, ALONG WITH WP(C).2762/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** ## **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** **= = = = = = = = = = = = = = = = = = Dated this the 4[th] day of January, 2022** ## **J U D G M E N T** Order impleading the petitioners in these writ petitions as additional defendants in the ARC proceedings and permitting consequential amendments, is under challenge. 2. ARC 1/2017 is filed by the Mavelikkara Taluk Cooperative Bank for recovery of an amount of ` 34 Crores 81 lakhs allegedly misappropriated by its three employees who were originally arrayed as the defendants in the proceedings. The petitioner in W.P.(C) No.25710/2021 was the former Secretary of the Society. W.P.(C) No.2762/2021 and W.P.(C) No.15863/2021 are filed by the members of the Managing Committee in office at the relevant time. W.P.(C) No.22063/2021 is filed by the wife and children of the then President of the Managing Committee who has since expired. W.P.(C) Nos.5579/2021 **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 2 :- and 12300/2021 are filed by the banking software provider. The allegation is that, large scale misappropriation was conducted by falsification of the accounts and by penetrating into the hard disk of the computer maintained at the branch. 3. Heard Sri.B.S.Swathi Kumar, Sri.P.B.Krishnan, Sri.M.K.Pradeepkumar and T.R.Harikumar, the learned counsel appearing on behalf of the respective petitioners, Sri.Ashok B. Shenoy, learned Standing Counsel appearing on behalf of the Bank and Sri.Bimal K. Nath, the learned Senior Government Pleader. 4. The then Secretary is sought to be proceeded against since she was the Chief Executive responsible for the conduct of business. The members of the Managing Committee are sought to be proceeded against alleging maladministration, mismanagement and involvement in the alleged misappropriation. The then President of the Managing Committee is no more and his legal heirs are **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 3 :- sought to be proceeded against. The banking software provider is sought to be proceeded against on the allegation that, access to the data for its fabrication/falsification could not have been done without the password having been provided to the miscreants and that the password was within the exclusive knowledge of the software provider. It is with his connivance and support that the misappropriation has taken place, is the allegation. 5. Originally the impleading applications were allowed and the consequential amendments permitted without notice to the persons sought to be impleaded. As per judgment dated 22.09.2020 in W.P.(C) No.4425/2020, this Court directed the Arbitrator to consider whether the persons so impleaded are necessary or proper parties to the proceedings. It was further directed that the consideration shall be dehors any observations in the orders passed on the impleading application and the **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 4 :- amendment application. It is pursuant thereto that the present order has been passed upholding the impleading and amendment. 6. As regards the impleading of the then Secretary and the members of the Managing Committee of the Society, the allegation is that, they were responsible for the functioning and management of the Society, that there has been dereliction on their part, and that they are also involved in the alleged misappropriation. They having been in office at the relevant time, the order impleading them as defendants in the ARC cannot be held to be bad. Whether they are liable or not, no doubt, is a matter to be considered on the merits of their contentions to be urged in the ARC. 7. As regards the impleading of the legal heirs of the deceased President, if at all it is found that the then Managing Committee is also liable for the alleged amounts misappropriated, still it is always open for **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 5 :- them to contend that they cannot have any personal liability and that their liability, if at all any, shall be confined to the extent of the assets devolved on them from their predecessor. Anyhow, those are matters to be urged in their defence in the ARC proceedings. 8. Whether the software provider is liable to be impleaded in the ARC proceedings is the next question. The learned counsel for the petitioner would contend that the software provider cannot be roped in the ARC proceedings under any of the sub-clauses of Section 69 of the Co-operative Societies Act, he being a total stranger to the Society and the supply/purchase of software not being within the scope of “business transactions” of the Society. The learned counsel relies on the judgments in _**Muhammed Kunhi v. Kanhirode Weavers Cooperative Society Ltd. (2009 (2) KLT 819), Meeran Unni v. Kottayam Dt. Co-op. Bank [1985 KLT 384 (FB)], Nalunnakkal Service Co-op. Bank Ltd. v. P.V.John [1991(1) KLT 7) and T.V.Sundaram Iyengar & Sons v.**_ **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 6 :- ## _**Cannanore District Wholesale Co-operative Consumer Stores Ltd. [1998**_ _**(1) KLT 942]**_ to contend that the mere supply of software for the conduct of the business of the Society does not make the transaction as one within the business of the Society. Therefore, a proceeding against the software provider is beyond the scope of Section 69 of the Act and hence, he is not liable to be impleaded in the ARC, is the contention. 9. As held in the judgments relied on by the learned counsel for the petitioners, the words “business transaction” occurring in Section 69(F) of the Act is to be understood in relation to the object of the Society. The mere supply of a software to be used by the Society for the conduct of its business, is not a transaction within the business of the Society with reference to the object of the Society. It is only an instance of sale/ purchase of an article/commodity for the business of the Society and is not a business activity of the Society. **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** -: 7 :- Therefore the claim against him cannot fall within Section 69 of the Act. Further, as noticed supra, he is sought to be proceeded against on the allegation that the alleged misappropriation has occurred with his aid since the password for accessing the software was within his exclusive knowledge. A finding on the same, be it either way, cannot have any significance on the claim against the other defendants. As against the software provider the question would essentially be, whether he had aided the misappropriation. The factual allegations cannot be said to be so intertwined that a separate trial would be prejudicial. 10. Accordingly I find that the order impleading the software provider-petitioners in W.P.(C) Nos.5579/2021 and 12300/2021 is liable to be set aside. The order, in so far as it relates to the other petitioners is correct and warrants no interference. Needless to say that, the mere fact that they are **W.P.(C) Nos.25710, 2762, 15863, 12300, 5579 & 22063 of 2021** **==> picture [34 x 9] intentionally omitted <==** impleaded as additional defendants does not disable them in any manner from urging their contentions on the merits of the claim raised in the ARC. W.P.(C) Nos. 5579/2021 and 12300/2021 are allowed. The impugned order, in so far as it relates to the petitioner therein is set aside. The other writ petitions fail and are accordingly dismissed. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 5579/2021** ## PETITIONER EXHIBITS |EXHIBIT P1|A TRUE COPY OF LETTER DATED 30.12.2016 ISSUED| |---|---| ||BY THE PETITIONER| |EXHIBIT P2|A TRUE COPY OF THE ENQUIRY REPORT DATED| ||22.3.2017.| |EXHIBIT P3|A TRUE COPY OF THE PLAINT IN ARC NO.01/2017,| ||DATED 25.3.2017.| |EXHIBIT P4|A TRUE COPY OF I.A.NO.1 OF 2019 IN ARC| ||NO.01/2017, DATED 4.12.2019| |EXHIBIT P5|A TRUE COPY OF I.A.NO.2 OF 2019 IN ARC| ||NO.01/2017, DATED 8.12.2017| |EXHIBIT P6|A TRUE COPY OF THE ORDER DATED 13.12.2019 IN| ||I.A.NO.1 OF 2019 IN ARC NO.01/2017| |EXHIBIT P7|A TRUE COPY OF THE ORDER DATED 18.12.2019 IN| ||I.A.NO.2 OF 2019 IN ARC NO.01/2017| |EXHIBIT P8|A TRUE COPY OF THE JUDGMENT DATED 22.9.2020| ||IN W.P.(C) NO.4425 OF 2020| |EXHIBIT P9|A TRUE COPY OF THE ORDER DATED 5.1.2021 IN| ||I.A.NO.6/2020, I.A.NO.8/2020, I.A.NO.10/2020,| ||I.A.NO.12/2020 AND I.A.NO.13/2020 IN ARC| ||NO.01/2017.| |EXHIBIT P10|A TRUE COPY OF THE ORDER DATED 5.2.2021 IN| ||I.A.NO.14/2020 IN ARC NO.01/2017.| ## **APPENDIX OF WP(C) 12300/2021** PETITIONER EXHIBITS |Exhibit P1|A TRUE COPY OF LETTER DATED 30-12-2016 ISSUED| |---|---| ||BY THE PETITIONER.| |Exhibit P2|A TRUE COPY OF THE ENQUIRY REPORT DATED 22-03-| ||2017| |Exhibit P3|A TRUE COPY OF THE PLAINT IN ARC NO. 01/2017,| ||DATED 25-03-2017| |Exhibit P4|A TRUE COPY OF I.A NO. 1 OF 2019 IN ARC NO| ||01/2017, DATED 04-12-2019| |Exhibit P5|A TRUE COPY OF I.A NO. 2 OF 2019 IN ARC NO.| ||01/2017, DATED 18-12-2019| |Exhibit P6|A TRUE COPY OF THE ORDER DATED 13-12-2019 IN| ||I.A NO. 1 OF 2019 IN AR NO. 01/2017| |Exhibit P7|A TRUE COPY OF THE ORDER DATED 18-12-2019 IN| ||I.A NO. 2 OF 2019 IN ARC NO. 01/2017| |Exhibit P8|A TRUE COPY OF THE JUDGMENT DATED 22-09-2020| ||IN W.P(C) NO. 4425 OF 2020| |Exhibit P9|A TRUE COPY OF THE ORDER DATED 05-01-2021 IN| ||I.A NO. 6/2020, I.A NO. 8/2020, I.A NO.| ||10/2020, I.A NO. 12/2020 AND I.A NO. 13/2020| ||IN ARC NO01/2017| |Exhibit P10|A TRUE COPY OF THE ORDER DATED 05-01-2021 IN| ||I.A NO. 14/2020 IN ARC NO. 01/2017| |Exhibit P11|A TRUE COPY OF THE INTERIM ORDER DATED 03-03-| ||2021 IN W.P(C) NO. 5579 OF 2021| |Exhibit P12|A TRUE COPY OF THE COMMON ORDER, DATED 29-04-| ||2021, IN I.A NO. 1 OF 2019 IN ARC NO 01 OF| ||2017| |Exhibit P13|A TRUE COPY OF ORDER NO. C.P (2060089/2009| ||DATED 22-04-2010, ISSUED BY THE ADDL.| ||REGISTRAR OF CO-OPERATIVES SOCIETIES| |Exhibit P14|A TRUE COPY OF THE ASSESSMENT REPORT OF THE C-| ||DIT| ## **APPENDIX OF WP(C) 12300/2021 -2-** RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE JUDGMENT DATED 18/12/2020 IN WPC.28414 OF 2020 OF THIS HON'BLE COURT. ----- ## **APPENDIX OF WP(C) 15863/2021** ## PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE COMMUNICATION NO. 185/16-17| |---|---| ||DATED 22.12.2016 OF THE 2ND RESPONDENT.| |Exhibit P2|TRUE COPY OF THE AGREEMENT DATED 27.1.2017| ||EXECUTED IN FAVOUR OF THE PRESIDENT OF THE 2ND| ||RESPONDENT.| |Exhibit P3|TRUE COPY OF THE SUMMONS IN ARC 1/2017 DATED| ||23.12.2019 ISSUED BY THE IST RESPONDENT.| |Exhibit P4|TRUE COPY OF THE ARC NO. 1/2017 FIELD BY THE| ||2ND RESPONDENT BEFORE THE 3RD RESPONDENT DATED| ||-3-2017.| |Exhibit P5|TRUE COPY OF THE I.A. NO. 8/2020 IN ARC 1/2017| ||DATED 6.3.2020.| |Exhibit P6|TRUE COPY OF ORDER IN ARC 1/2017 DATED| ||5.1.2021 OF THE IST RESPONDENT.| |Exhibit P7|TRUE COPY OF THE ORDER I.A. NO. 1/2019 IN ARC| ||1/2017 DATED 13.12.2019.| |Exhibit P8|TRUE COPY OF ORDER IN I.A. NO. 1/2019 IN ARC| ||NO. 1/2017 DATED 29.4.2021.| |Exhibit P9|TRUE COPY OF ARGUMENT NOTE IN ARC I/2017 DATED| ||14.3.2020 OF THE IST RESPONDENT.| |Exhibit P10|TRUE COPY OF JUDGMENT IN WPC NO. 19820/2018| ||DATED 2.7.2019.| ## **APPENDIX OF WP(C) 22063/2021** ## PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE REPORT OF NAIVE PLUS SOFTWARE| |---|---| ||SOLUTIONS LIMITED, VIDE REFERENCE NO.| ||NP/ALP/MTCB/BR2/CYBER/CRIME/2016-17 DATED| ||30/12/2016.| |Exhibit P2|TRUE COPY OF THE DECISION OF URGENT| ||ADMINISTRATIVE COMMITTEE MEETING HELD ON| ||31/12/2016.| |Exhibit P3|TRUE COPY OF THE COMPLAINT DATED 31/12/2016 OF| ||THE ADMINISTRATIVE COMMITTEE FILED BEFORE| ||DISTRICT POLICE CHIEF, ALAPPUZHA.| |Exhibit P4|TRUE COPY OF UNDERTAKING OF THE THREE| ||DELINQUENT OFFICERS OF THE THAZHAKKARA BRANCH| ||ALONG WITH THREE OTHERS EXECUTED BEFORE NOTARY| ||PUBLIC ON 27/01/2017.| |Exhibit P5|TRUE COPY OF ARC NO.1/2017 BEFORE THE 3RD| ||RESPONDENT, THE JOINT REGISTRAR OF CO-| ||OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA.| |Exhibit P6|THE TRUE COPY OF THE GIST OF THE REPORT DATED| ||22/03/2017 OF ASSISTANT REGISTRAR/VALUATION| ||OFFICER, KARTHIKAPPALLY PRIMARY CO-OPERATIVE| ||VILLAGE, AGRICULTURAL DEVELOPMENT BANK.| |Exhibit P7|TRUE COPY OF NOTICE TO THE LATE SRI. V.| ||PRABHAKARAN PILLAI WHO WAS THEN PRESIDENT OF| ||MAVELIKKARA TALUK CO-OPERATIVE BANK LIMITED| ||NO.707 AS PER ORDER NO. CRP(2) 6713/2016 DATED| ||05/05/2018 OF 3RD RESPONDENT.| |Exhibit P8|THE TRUE COPY OF THE WRITTEN REPLY DATED| ||11/06/2018 OF LATE SRI. V. PRABHARAKAN PILLAI| ||WHO WAS THEN PRESIDENT OF MAVELIKKARA TALUK| ||CO-OPERATIVE BANK LIMITED NO.707.| |Exhibit P9|TRUE COPY OF THE REPORTED CASE AS 2019 KHC| ||559.| |Exhibit P10|TRUE COPY OF THE DEATH CERTIFICATE DATED| ||04/06/2019 ISSUED BY THE REGISTRAR OF BIRTH,| ||DEATHS AND MARRIAGE (COMMON) OF MAVELIKKARA| ||MUNICIPALITY.| ## **APPENDIX OF WP(C) 22063/2021 -2-** |Exhibit P11|TRUE COPY OF THE NOTICE FROM THE 3RD| |---|---| ||RESPONDENT, THE JOINT REGISTRAR OF CO-| ||OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA VIDE| ||CRP(2)6713/2016/3/SC/NOTICE DATED 13/05/2020.| |Exhibit P11(A)|TRUE COPY OF THE LETTER NO. A4-2143/2020 DATED| ||29/04/2020 OF THE TAHSILDAR, MAVELIKKARA.| |Exhibit P11(B)|TRUE COPY OF THE RELEVANT PAGES OF THE REPORT| ||DATED 31/03/2018 OF THE ASSISTANT REGISTRAR| ||(GENERAL) MAVELIKKARA UNDER SECTION 68(1) OF| ||THE ACT.| |Exhibit P12|TRUE COPY OF THE WRITTEN OBJECTION FILED ON| ||05/06/2020 BEFORE 1ST RESPONDENT BY THE 1ST| ||PETITIONER.| |Exhibit P13|THE TRUE COPY OF THE RELEVANT PAGES OF ORDER| ||CRP(2) 6713/2016/3/SC DATED 15/06/2020 OF 3RD| ||RESPONDENT, THE JOINT REGISTRAR OF CO-| ||OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA.| |Exhibit P14|TRUE COPY OF IA 10/2020 IN ARC NO.1/2017.| |Exhibit P15|THE TRUE COPY OF IA NO.1/2019 IN ARC NO.1/2017| ||BY WHICH 2ND RESPONDENT SOUGHT THE IMPLEADMENT| ||OF PETITIONERS ALONG WITH 13 OTHERS IN THE| ||SUIT.| |Exhibit P15(A)|THE TRUE COPY OF IA NO.2/2019 IN ARC NO.1/2017| ||BY WHICH 2ND RESPONDENT SOUGHT THE AMENDMENT| ||OF THE SUIT.| |Exhibit P16|THE TRUE COPY OF ORDER OF 1ST RESPONDENT,| ||ARBITRATOR WHO HOLD THE POST OF ASSISTANT| ||REGISTRAR (GENERAL) CHENGANNOOR DATED| ||13/12/2019 IN RESPECT OF IMPLEADMENT OF| ||PETITIONERS ALONG WITH 13 OTHERS IN IA| ||NO.1/2019 IN ARC NO.1/2017.| |Exhibit P16(A)|THE TRUE COPIES ORDER OF 1ST RESPONDENT,| ||ARBITRATOR WHO HOLD THE POST OF ASSISTANT| ||REGISTRAR (GENERAL), CHENGANNUR, DATED| ||18/12/2019 IN RESPECT F AMENDMENT OF THE SUIT| ||IN IA NO.2/2019 IN ARC NO.1/2017.| |Exhibit P17|TRUE COPY OF THE JUDGMENT DATED 22/09/2020 IN| ||WPC NO.4425/2020(C) OF THE HON'BLE HIGH COURT.| ## **APPENDIX OF WP(C) 22063/2021 -3-** Exhibit P18 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 13/12/2020. Exhibit P19 TRUE COPY OF THE ORDER DATED 05/01/2021 OF 1ST RESPONDENT. Exhibit P20 TRUE COPY OF THE ORDER DATED 05/02/2021 OF 1ST RESPONDENT. Exhibit P21 TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 29/04/2021. Exhibit P22 TRUE COPY OF THE ORDER DATED 18/11/2020 IN IA NO.2/2020 IN WPC NO. 25444/2018 OF THE HON'BLE HIGH COURT. Exhibit P23 THE TRUE COPY OF THE JUDGMENT DATED 18/12/2020 OF THIS HON'BLE HIGH COURT IN WPC NO. 28414/2020. ----- ## **APPENDIX OF WP(C) 25710/2021** PETITIONER EXHIBITS |Exhibit P1|A TRUE COPY OF THE AGREEMENT EXECUTED BY| |---|---| ||JYOTHI MADHU, BINDUMOL G.NAIR AND KUTTISEEMA| ||SIVA DATED 27.01.2017.| |Exhibit P2|A TRUE COPY OF THE OBJECTION FILED BY THE| ||PETITIONER IN ARC 1/2017 DATED 05.01.2020.| |Exhibit P3|A TRUE COPY OF THE AFFIDAVIT AND PETITION| ||FILED BY THE PETITIONER IN ARC 1/2017 DATED| ||19.02.2017.| |Exhibit P4|A TRUE COPY OF THE ORDER DATED 29.04.2021 IN| ||I.A 1/2019, I.A 2/2019 IN ARC 1/2017 OF THE| ||4TH RESPONDENT.| |Exhibit P5|A TRUE COPY OF THE AMENDED PLAINT FILED IN ARC| ||1/2017.| ||-----| ## **APPENDIX OF WP(C) 2762/2021** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE COMMUNICATION NO.185/16-17| |---|---| ||DATED 22.12.2016 OF THE 2ND RESPONDENT| |EXHIBIT P2|TRUE COPY OF THE IDENTITY BOND DATED 27.1.2017| ||EXECUTED IN FAVOUR OF THE PRESIDENT OF THE 2ND| ||RESPONDENT| |EXHIBIT P3|TRUE COPY OF THE SUMMONS IN ARC 1/2017 DATED| ||23.12.2019| |EXHIBIT P4|TRUE COPY OF THE AMENDED PLAINT IN ARC| ||NO.1/2017 FILED BY THE 2ND RESPONDENT BEFORE| ||THE 3RD RESPONDENT DATED 0-3-2017| |EXHIBIT P5|TRUE COPY OF THE IA NO.8/2020 IN ARC 1/2017| ||DATED 6.3.2020| |EXHIBIT P6|TRUE COPY ORDER IN ARC 1/2017 DATED 5.1.2021| ||OF THE 1ST RESPONDENT| |EXHIBIT P7|TRUE COPY OF THE IA NO.1/2019 IN ARC 1/2017| ||DATED 13.12.2019| |EXHIBIT P8|TRUE COPY ARGUMENT NOTE IN IA NO.6/2020 IN ARC| ||1/2017 DATED 14.3.2020 OF THE 1ST RESPONDENT| |RESPONDENT EXHIBITS|| |Exhibit R2(A)|TRUE COPY OF THE JUDGMENT DATED 22/09/2020 IN| ||W.P(C) 4425/2020| |Exhibit R2(B)|TRUE COPY OF THE INTERIM ORDER DATED| ||03/03/2021 IN W.P(C) 5579/2021| |Exhibit R2(C)|TRUE COPY OF THE JUDGMENT DATED 18/12/2020 IN| ||W.P(C) 28414/2020| |Exhibit R2(D)|TRUE COPY OF THE CIRCULAR NO. 11/2017 DATED| ||23/01/2017 ISSUED BY THE REGISTRAR OF CO-| ||OPERATIVE SOCIETIES| -----