High CourtsSingle Bench(2021) 11 KL CK 0076

B. Mithran vs Kerala State Co operative Bank Ltd

High Court Of Kerala · Decided on 11 November 2021

HON’BLE JUDGES
Amit Rawal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 24723 Of 2021

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Judgment

5 paragraphs · 205 words

Amit Rawal, J

1.

This Court in a contempt case bearing No.413 of 2020 passed the following order on 3.2.2021:

This Contempt Case was filed stating that the entire amount received from the LIC Scheme was not paid. Admittedly, certain amount was paid. There was some dispute regarding computation of the amount and entitlement of the petitioners under the Scheme. This Court had not gone into the issue regarding computation or the amount involved. This Court is of the view that such dispute can be thrashed out in appropriate forum or by filing a writ petition. With liberty as above, the Contempt Case is closed.

2.

The observation made herein above would not mean that the petitioners would have a remedy to file the writ petition as the matter with regard to the balance amount out of the admitted amount has been disputed by the respondent. The disputed question of fact cannot be gone into by this Court while exercising the power under Article 226 of the Constitution of India. The petitioner has an alternative remedy either under Section 69 of the Kerala Co-operative Societies Act or under Section 7 of the Payment of Gratuity Act.

With the aforementioned observation, the writ petition is dismissed.