WP(C).No. 26969 of 2018 & Conn. cases (Ramachandran Nair et al. v. State of Kerala and others; connected petitions 7293 of 2019 and 39581 of 2018)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941** ## **WP(C).No. 26969 of 2018** ## **PETITIONER/S:** - **1 RAMACHANDRAN NAIR AGED 45 YEARS, S/O.KARUNAKARAN NAIR, ETTIVILAYIL PUTHENVEEDU, KALANJOOR P.O., PATHANAMTHITTA-689695.** - **2 RAJU AGED 54 YEARS AGED 54 YEARS S/O.PONNAN, SUMI BHAVANAM, NEDUMON P.O., ELAYAMKULAM, PATHANAMTHITTA-691556.** - **3 DOMINIC CHACKO AGED 55 YEARS, S/O.CHACKO, KATHEDATHU ANTO BHAVAN, CHERUPUNCHA, PERINGANAD P.O., ADOOR, PATHANAMHTITTA -691551.** - **4 GEORGE BENJAMIN AGED 50 YEARS PUTHUPPURACKAL, VADAKKEDATHUCAVU P.O., ADOOR, PATHANAMTHITTA, REPRESENTED BY THE POWER OF ATTORNEY HOLDER OF MOLLY GEORGE, AGED 46 YEARS, W/O.GEORGE BENJAMIN, PUTHUPPURACKAL, VADAKKEDATHUCAVU P.O., ADOOR, PATHANAMTHITTA,** - **BY ADV. SRI.RAMESH .P** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHPAURAM-695001.** - **2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHPAURAM-695001.** - **3 THE ASSISTANT REGISTRAR ADOOR CO-OPERATIVE SOCIETY ADOOR, PATHANAMTHITTA, PIN-689693.** -:2:- **WP(C).No. 26969 of 2018 & Conn. cases** **4 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE HOUSING FEDERATION, HEAD OFFICE, JUDGE AVENUE, KOCHI-682017. 5 THE PRESIDENT ADOOR CO-OPERATIVE HOUSING SOCIETY KOODAL, PATHANAMTHITTA, PIN-689693. 6 THE SECRETARY . ADOOR CO-OPERATIVE HOUSING SOCIETY, KOODAL, PATHANAMTHITTA, PIN-689693** **BY ADVS. BINU MATHEW M.T.SURESHKUMAR R4 BY SRI.R.RANJITH SR. GOVERNMENT PLEADER SRI BIMAL K NATH** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2019, ALONG WITH WP(C).7293/2019, WP(C).39581/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** kkj -:3:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941** ## **WP(C).No. 7293 of 2019** ## **PETITIONER/S:** **AJITHAKUMARI.N.S AGED 48 YEARS W/O. SUDHAKARAN, NAMMANNARIL HOUSE, KARIKODE DESOM, MULANTHURUTHY P.O., MULANTHURUTHY VILLAGE, KANAYANNOOR TALUK, 682 314.** **BY ADV. SRI.N.K.KARNIS** ## **RESPONDENT/S:** |**1**|**MULANTHURUTHY HOUSING CO-OPERATIVE SOCIETY**| |---|---| ||**LTD.E.NO.304**| ||**MULANTHURUTHY, REPRESENTED BY ITS ADMINISTRATOR,**| ||**682 314.**| |**2**|**ERNAKULAM DISTRICT**| ||**CO-OPERATIVE BANK LIMITED,**| ||**ERNAKULAM CHITTOOR ROAD, ERNAKULAM, COCHIN 682 016,**| ||**REPRESENTED BY ITS SECRETARY.**| |**3**|**JOINT REGISTRAR (GENERAL),**| ||**CO-OPERATIVE SOCIETIES, CHITTOOR ROAD,**| ||**ERNAKULAM COCHIN 682016.**| ||**BY ADVS.**| ||**R1 BY SRI.M.M.MONAYE**| ||**R2 BY SRI N RAGHURAJ**| ||**BY SMT.BINCY JOSE**| ||**GOVERNMENT PLEADER SRI BIMAL K NATH**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2019, ALONG WITH WP(C).26969/2018, WP(C).39581/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** kkj -:4:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941 WP(C).No. 39581 of 2018** ## **PETITIONER/S:** **JOY.E.Y. AGED 67 YEARS S/O.YOHANNAN, ECHARAVELIL, PERUMPILLY P.O., MULAMTHURUTHY, ERNAKULAM DISTRICT, PIN-682 314.** **BY ADV. SRI.S.R.SREEJITH** ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.** - **2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN-695** - **3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM, PIN-** - **4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANAYANNUR, ERNKAULAM, PIN-** - **5 MULANTHURUTHY HOUSING CO-OPERATIVE SOCIETY LIMITED NO.E 304, MULANTHURUTHY, ERNAKULAM, PIN-682 314, REPRESENTED BY ITS SECRETARY.** - **6 THE SECRETARY, MULANTHURUTHY HOUSING CO-OPERATIVE SOCIETY LIMITED NO.E 304, MULANTHURUTHY, ERNAKULAM, PIN-682 314.** - **7 MANAGER, SOUTH INDIAN BANK, MULANTHURUTHY BRANCH.** -:5:- **WP(C).No. 26969 of 2018 & Conn. cases** **8 ADDL.R8-GENERAL MANAGER THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD,KAKKANAD, ERNAKULAM-682030** **9 ADDL.R9- THE MANAGER THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, MULANTHURUTHY BRANCH, CHOTTANIKKARA-MULANTHURUTHY ROAD, PATTITHAZHAM,ERNAKULAM,PIN-682314.( ADDL.R8 AND R9 ARE IMPLEADED AS PER ORDER DATED 25.01.2019 IN IA.NO, 1/2019).** **BY ADVS. SRI.N.RAGHURAJ SRI.M.M.MONAYE** ## **OTHER PRESENT:** **SRI.BIMAL K.NATH-SR.GP, SRI.GEORGE VARGHESE-SC, SRI. BINU MATHEW-SC, SRI. M.T.SURESHKUMAR-SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2019, ALONG WITH WP(C).26969/2018, WP(C).7293/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** kkj -:6:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **JUDGMENT** ## **[ WP(C) 26969/2018 ,WP(C).7293/2019, WP(C).39581/2018 ]** I am considering these cases together, since the constitutive issues involved herein are analogues to each other, even though the parties are different. 2. Compendiously stated, the sole issue in this case is whether the petitioners, who are stated to be the members of certain Primary Societies, who had availed of certain loans from the said Societies, by equitably mortgaging their immovable properties, are entitled to receive back its title documents, after the entire loan liability had been paid off by them. 3. At first glance, there can be no difficulty in finding an answer to this, but the twist in the tale, to employ a figure of speech, is that the concerned Primary Society had obtained refinance from an Apex Society - District Co-operative Bank through an agreement between them, whereunder the individual documents of the petitioners had been agreed to be entrusted by the Primary Society to the Apex Society/Co-operative Bank, under an alleged condition that the same will be returned only -:7:- **WP(C).No. 26969 of 2018 & Conn. cases** after the individual borrowers pay off their liability to the Primary Society. 4. At the crux of all the averments, contentions and allegations in these writ petitions, is the vehement assertion of the petitioners, that they have all paid off the full liability in their loan accounts to the Primary Societies concerned, but that the Apex Society/District Co-operative Bank is still refusing to release their documents. They, therefore, pray that apposite directions be issued to the Primary Societies concerned to obtain release of their title documents from the Apex Society/District Co-operative Bank, without any further delay and deliver it to them. 5. In answer to the afore prayers made by the petitioners, Sri.N.Raghuraj, the learned counsel appearing for the Ernakulam District Co-operative Bank Ltd. in W.P.(C) No.7293 of 2019, submits that his client had refinanced the Primary Society concerned, namely Mulanthuruthy Housing Co-operative Society Ltd; and that under an agreement between them, the title documents of the petitioners have been deposited with them by the said Primary Society. He says that the Primary Society has committed default of their obligations under the refinance -:8:- **WP(C).No. 26969 of 2018 & Conn. cases** agreement and therefore, that his client is entitled to hold on to the title documents, until the entire liability is paid off in full or settled, according to law, by the said Primary Society. He submits that, the petitioners in these cases may have paid off the entire liability to the Primary Society under their respective loans; and, in fact, concedes that as far as W.P.(C) No.39581 of 2018 is concerned, such amounts have also been paid by the Primary Society to his client. However, with respect to W.P.(C) No.7293 of 2019, he submits that he will have to verify whether the Primary Society has repaid the entire amount due in the account of the petitioners therein to his client. 6. As regards W.P.(C) No.26969 of 2018 is concerned **,** the petitioners therein are the members of the Adoor Co-operative Housing Society, Pathanamthitta, which is a Primary Society; which had, in turn, obtained refinance from the Kerala State Cooperative Housing Federation, the Apex Society concerned. According to the petitioners, they have paid off their entire liability to the Primary Society, but, they are unable to inform this Court authoritatively, if the said Primary Society had paid the entire amounts against their account to the Apex Society. -:9:- **WP(C).No. 26969 of 2018 & Conn. cases** 7. Pertinently, Sri.Binu Mathew, the learned Standing Counsel appearing for the Apex Society in this case, submits that a counter affidavit has been filed on record wherein his client has clearly stated that the accounts maintained by the society with respect to the loans reveal that Rs.2,00,877/-, Rs.4,03,340/-, Rs.1,90,245/- and Rs.6,00,078/- are outstanding from the writ petitioners to them. He, therefore, says that, they cannot release the title documents either to the Primary Society or the petitioners until these amounts are paid off and the loan liability thus liquidated in full. 8. Sri.M.T. Suresh Kumar, the learned Standing Counsel appearing for the Adoor Co-operative Housing Society, submits that the former Managing Committee of the Society is noticed to have indulged in various deleterious activities and that, therefore, he is unable to confirm whether the amounts remitted by the petitioners have actually been paid to the Apex Society. He says that enquiry is now being conducted by the present Managing Committee and that all necessary action will be taken by them, without any further delay. -:10:- **WP(C).No. 26969 of 2018 & Conn. cases** 9. The learned Senior Government Pleader, appearing for the official respondents in these cases, submits that the transactions involved in these cases are between Primary Societies concerned and their members on one hand; and between such Societies and the Apex Society - District Co-operative Bank or the other. He says that until specific complaints are brought to their notice, the official respondents will have no role to play, at least as of now. 10. When I consider the submissions of the parties as afore, it becomes obvious that if the writ petitioners have paid their entire amounts under the loan accounts to the Primary Society and if the said Society has, in turn, repaid the amount to the Apex Society/District Co-operative Bank, then there cannot obtain any justification, either for the Apex Society/District Cooperative Bank or for the Primary Society, to retain their loan documents any further. In fact, I do not require to labour much on this issue because a Division Bench of this Court has already declared this in the judgment in _**Managing Director, Kerala State Co-operative Housing Federation v. Leela Issac and others**_ [2017 (2) KHC 535]. The unequivocal enunciation of law ## -:11:- **WP(C).No. 26969 of 2018 & Conn. cases** in this judgment is unmistakable that once the principal borrower pays off their entire liability to the Apex Society/ District Cooperative Bank, then they cannot retain their title documents, notwithstanding the fact that they may have some agreement between themselves and the Primary Societies. 11. Therefore, the central issue in these cases boil down to the question as to whether the Apex Society/District Co-operative Bank has actually obtained the entire amounts against the loan accounts of the respective writ petitioners maintained by the Primary Society. 12. When I analyse these writ petitions from the afore stand point, it becomes obvious that as far as W.P.(C) No.26969 of 2018 is concerned, there is no clarity as to whether the amounts, if any, remitted by the petitioners to the Primary Society has reached the Apex Society. Without clarity on this, I am afraid that I cannot direct the Apex Society to release the title document to the petitioner; and since it certainly appears that there are severe unresolved disputes between them and the Primary Society on this issue, the petitioners will have to invoke their alternative statutory remedy against the said Society under -:12:- **WP(C).No. 26969 of 2018 & Conn. cases** Section 69 of the Kerala Co-operative Societies Act. 13. As regards W.P.(C) No.39581 of 2018 is concerned, Sri. N.Raghuraj, the learned Standing Counsel for the District Cooperative Bank, admits that the entire amounts due from the petitioner therein has been received by the Primary Society and paid over to his client. Therefore, it is clear that at least in this case, the District Co-operative Bank cannot retain the documents any further and that they will have to return it, going by the judgment of this Court in **Leela Issac** (Supra). 14. Coming to W.P.(C).No.7293 of 2019, since Sri. Raghuraj submits that he does not have specific instructions as to whether the amounts collected by the Primary Society from the writ petitioner therein have been remitted to his client - the District Co-operative Bank, I deem it appropriate to direct the Primary Society to approach the Bank and seek a reconciliation of the account. If, after such reconciliation, the amounts paid by the petitioners therein is found to have been paid over to the Bank by the Primary Society, then the former will have no further competence to retain the title documents of the petitioners and will have to return the same. -:13:- **WP(C).No. 26969 of 2018 & Conn. cases** In the afore circumstances, I order these Writ Petitions in the following manner:- (a) W.P.(C).26969 of 2018 is ordered, reserving liberty to the petitioners to approach the Primary Society for return of the documents within a period of one week from the date of receipt of a copy of this judgment, and if the Primary Society is unable to obtain the documents from the Apex Society and hand over the same to the petitioners within a further period of one month thereafter, the petitioners will be at full liberty to invoke their alternative statutory remedies under Section 69 of the Kerala Co-operative Societies Act, by approaching the competent Arbitrator. (b) W.P.(C) No.39581 of 2018 is ordered, directing the 8[th] respondent - General Manager of Ernakulam District Co-operative Bank to consider Exts.R5(6) and R5(7) resolution and the request of the Primary Society; and since no amounts are concededly due from the petitioner into the loan account, his title documents will ## -:14:- **WP(C).No. 26969 of 2018 & Conn. cases** be released by the 8[th] respondent forthwith, but not later than two weeks from the date of receipt of a copy of this judgment to the Secretary of the Primary Society, who will thereafter deliver the same to the petitioner, without any further delay. (c) W.P.(C) No.7293 of 2019 is ordered, directing the first respondent - Primary Society to approach the second respondent - Ernakulam District Co-operative Bank with an appropriate resolution and request seeking return of the title documents of the petitioner within a period of two weeks from the date of receipt of a copy of this judgment; in which event, the competent authority of the second respondent will consider the same and take an appropriate decision in terms of the observations in this judgment and either release the title documents to the Primary Society or intimate them if any further amounts are due towards the loan account of the petitioner. The Primary Society, thereafter, will be obligated to abide by the communication of the second respondent and if any amounts are found due from the -:15:- **WP(C).No. 26969 of 2018 & Conn. cases** petitioner, then they will pay off the same and obtain delivery of the title deeds from them so as to hand it over to the petitioner without any further delay thereafter. **Sd/-** **DEVAN RAMACHANDRAN** **JUDGE** -:16:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **APPENDIX OF WP(C) 26969/2018** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1-**|**COPY OF THE TITLE DEED OF THE FIRST**| |---|---| ||**PETITIONER DATED 18/7/2002**| |**EXHIBIT P2-**|**COPY OF THE TAX RECEIPT OF THE FIRST**| ||**PETITIONER DATED 13/6/2017**| |**EXHIBIT P3-**|**COPY OF THE PASS BOOK OF THE FIRST**| ||**PETITIONER**| |**EXHIBIT P4-**|**COPY OF THE COMMUNICATIONS BETWEEN THE**| ||**FIRST PETITIONER AND THE SECOND AND THIRD**| ||**RESPONDENTS**| |**EXHIBIT P5-**|**COPY OF THE TAX RECEIPT OF THE SECOND**| ||**PETITIONER**| |**EXHIBIT P6-**|**COPY OF THE PASS BOOK OF THE SECOND**| ||**PETITIONER**| |**EXHIBIT P7-**|**COPY OF THE TITLE DEED OF THE THIRD**| ||**PETITIONER DATED 27/8/1997**| |**EXHIBIT P8-**|**COPY OF THE TAX RECEIPT OF THE THIRD**| ||**PETITIONER DATED 10/5/2018**| |**EXHIBIT P9-**|**COPY OF THE PASS BOOK OF THE THIRD**| ||**PETITIONER**| |**EXHIBIT P10-**|**COPY OF THE PASS BOOK OF THE FOURTH**| ||**PETITIONER**| |**EXHIBIT P11-**|**COPY OF THE PROCEEDINGS OF DISTRICT LEGAL**| ||**SERVICES AUTHORITY, PATHANAMTHITTA DATED**| ||**28/6/2018**| |**EXHIBIT P12-**|**COPY OF THE PAPER PUBLICATION, IN**| ||**MATRUBHUMI DAILY DATED 25/4/2018**| |**EXHIBIT P13-**|**COPY OF THE RECEIPTS OF POLICE COMPLAINTS**| ||**FROM THE KOODAL POLICE STATION AND**| ||**S.P.OFFICE, PATHANAMHTITTA.**| ## -:17:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **RESPONDENT'S/S EXHIBITS:** ## **EXHIBIT R4(A)** TRUE COPY OF THE LOAN REGULATION OF THE KSCHF LTD. **EXHIBIT R4 (B-1)** **EXHIBIT R4 (B-2)** TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 1ST WRIT PETITIONER SRI. RAMACHANDRAN NAIR K, DATED 24.03.2003. TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 2ND WRIT PETITIONER SRI. RAJU AND SMT. MINI DATED 14.10.2005. **EXHIBIT R4(B-3)** TRUE COPY OF THE LOAN APPLICATION OF 3RD WRIT PETITIONER- SRI. DOMINIC CHACKO AND SRI. JIJI THOMAS, DATED 07.07.2006. **EXHIBIT R4(B-4)** TRUE COPY OF THE LOAN APPLICATION OF 4TH WRIT PETITIONER-GERGE BENJAMIN DATED 22.04.2004. **EXHIBIT R4(C-1)** TRUE COPY OF THE GROUP INSURANCE SCHEME FORM OF THE 4TH RESPONDENT SIGNED BY THE 1ST PETITIONER DATED 24.03.2003. **EXHIBIT R4(C2)** TRUE COPY OF THE GROUP INSURANCE SCHEME OF THE 4TH RESPONDENT SIGNED BY THE 2ND PETITIONER DATED 14.10.2005. **EXHIBIT R4(C-3)** TRUE COPY OF THE GROUP INSURANCE SCHEME OF THE 4TH RESPONDENT SIGNED BY THE 3RD PETITIONER DATED 07.07.2006. **EXHIBIT R4(C-4)** TRUE COPY OF THE GROUP INSURANCE SCHEME OF THE 4TH RESPONDENT SIGNED BY THE 4TH PETITIONER DATED 22.04.2004. **EXHIBIT R4(D)** TRUE COPY OF THE CONSOLIDATED STATEMENT OF THE OUTSTANDING CLOSING AMOUNTS IN THE LOAN ACCOUNT AS ON 08.10.2018. **EXHIBIT R4(E)** TRUE COPY OF THE LOAN APPLICATION DATED 22.03.1983 REFERRED TO IN JOHN VS. LIQUIDATOR. -:18:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **APPENDIX OF WP(C) 7293/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE VOUCHER ISSUED BY THE 1ST RESPONDENT DATED 15.1.2019.** **EXHIBIT P2 TRUE COPY OF THE VOUCHER ISSUED BY THE 1ST RESPONDENT DATED 15.1.2019.** **EXHIBIT P3** - **TRUE COPY OF THE NEWS ITEM CONTAINED IN THE MALAYALA MANORAMAM DAILY DATED 5.1.2019.** **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 7.1.2019.** **EXHIBIT P5 TRUE COPY OF THE RELEASE DEED OF GAHAN EXECUTED BY THE SECRETARY IN CHARGE OF THE 1ST RESPONDENT DATED 30.1.2019.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT- R1(A)** TRUE COPY OF THE CASH RECEIPTS OF RS.53,934/- **EXHIBIT- R1(B)** TRUE COPY OF THE CASH RECEIPTS OF RS.92,343/- **EXHIBIT- R1(C)** TRUE COPY OF THE CASH RECEIPTS OF RS.92,000/- DATED 16/1/2019 IN THE 2ND RESPONDENT DISTRICT COOPERATIVE BANK **EXHIBIT- R1(D)** TRUE COPY OF HE CASH RECEIPTS OF RS.54,000/- DATED 16.1.2019 IN THE 2ND RESPONDENT DISTRICT CO-OPERATIVE BANK **EXHIBIT- R1(E)** TRUE COPY OF THE SANCTION ORDER WITH RESPECT OT OVERDRAFT FACILITY OF RS.20 LAKH DATED 22.1.2004 **EXHIBIT- R1(F)** **EXHIBIT- R1(G)** TRUE COPY OF THE SANCTION ORDER WITH RESPECT TO CASH CREDIT FACILITY RS 2 CRORE 50 LAKH DATED 30.4.2012 TRUE COPY OF THE SANCTION OF ORDER WITH RESPECT TO CASH CREDIT FACILITY OF RS.5 CRORE DATED 20.10.2017 **EXHIBIT- R1(H)** TRUE COPY OF THE PASSBOOK ENTRIES WITH REGARD TO ONE OF SUCH ACCOUNT FROM 25.4.2008 TO 30.6.2010 **EXHIBIT- R1(I)** TRUE COPY OF THE GUARANTEE WITH RESPECT TO LOAN OUTSTANDING OF RS.8,58,0361/- DATED 16.102.108 **EXHIBIT- R1(J)** TRUE COPY OF THE DELIVERY NOTE OF PROMISSORY NOTE DATED 16.10.2018 -:19:- **WP(C).No. 26969 of 2018 & Conn. cases** **EXHIBIT- R1(K)** TRUE COPY OF THE PROMISSORY NOTE DATED 16.10.2018 **EXHIBIT- R1(L) EXHIBIT- R1(M) EXHIBIT- R1(N)** TRUE COPY OF THE INDEMNITY BOND DATED 16.10.2018 TRUE COPY OF THE GEHAN DATED 26.10.2017 TRUE COPY OF THE AUDITED BALANCE SHEET FOR THE YEAR 2017-18 DATED 29.6.2018 **EXHIBIT- R1(O)** TRUE COPY OF THE LETTER OF ERNAKULAM DISTRICT COOPERATIVE BANK LTD FOR GRAMA SAMRDHI LOAN SCHEME **EXHIBIT- R1(P)** TRUE COPY OF THE SANCTION ORDER OF THE RESPONDENT HOUSING SOCIETY DATED 16.9.2015 TO THE BORROWER **EXHIBIT- R1(Q)** TRUE COPY O THE SANCTION ORDER OF THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD DATED 15.9.2015 TO THE BORROWER -:20:- **WP(C).No. 26969 of 2018 & Conn. cases** ## **APPENDIX OF WP(C) 39581/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF THE PARTITION DEED DATED 16.05.1998.** **EXHIBIT P2 PHOTOCOPY OF THE FORM FOR RELEASE DEED OF GEHAN DATED 29.10.2018.** **EXHIBIT P3 PHOTOCOPY OF THE STATEMENT OF LOAN ACCOUNT FOR THE PERIOD FROM 01.12.20111 TO 29.11.2018.** - **EXHIBIT P4 PHOTOCOPY OF THE LETTER DATED 29.11.2018 ISSUED BY THE 6TH RESPONDENT.** - **EXHIBIT P5 PHOTOCOPY OF THE REPRESENTATION DATED 22.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED 23.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT- R5(1)** TRUE COPY OF THE SANCTION ORDER DATED 20/10/2017 OF THE ERNAKULAM DISTRICT CO-OPERATIVE BANK **EXHIBIT- R5(2)** TRUE COPY OF THE LETTER DATED 20.102018 SENT BY SOUTH INDIAN BANK **EXHIBIT- R5(3)** TRUE COPY OF THE PAY IN SLIP DATED 23.10.2018 FOR COLLECTING THE DD **EXHIBIT- R5(4)** TRUE COPY OF THE CREDIT TRANSFER IN THE LOAN ACCOUNT OF THE PETITIONER DATED 26.10.2018 **EXHIBIT- R5(5)** TRUE COPY OF THE REMITTANCE OF RS.6,22,000/- IN THE ERNAKULAM DISTRICT CO-OPERATIVE BANK **EXHIBIT- R5(6)** TRUE COPY OF THE RESOLUTION DATED 28.10.2018 **EXHIBIT- R5(7)** TRUE COPY OF THE REQUEST DATED 30.10.2018 **EXHIBIT- R5(8)** TRUE COPY OF THE LETTER EVIDENCING DEPOSIT OF TITLE DEED ETC BY THE PETITIONER TO THE DISTRICT COOPERATIVE BANK **EXHIBIT- R8(A)** TRUE PHOTOCOPY OF THE LOAN SANCTIONING ORDER DATED 20.10.2017 -:21:- ## **WP(C).No. 26969 of 2018 & Conn. cases** 20.10.2017 **EXHIBIT- R8(C)** TRUE PHOTOCOPY OF THE LETTER BEARING NO.905/LOANS/1708 # COMP/MLTY SCB DATED 13.11.2018