IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WA.No.1219 of 2007 -------------------------------- AGAINST THE JUDGEMENT IN WPC.6412/2004 Dated 21/02/2007 .................... APPELLANT: 4TH RESPONDENT: ---------------------------------------------- PUNJAB NATIONAL BANK, HEAD OFFICE, 7. BHIKHAJI CAMA PLACE, NEW DELHI-110 066, REPRESENTED BY SHRI.M.C.SUDARSHAN, MANAGER, REGIONAL OFFICE, MARKET ROAD, ERNAKULAM, KOCHI-682 011. BY ADV. SRI.P.K.SURESH KUMAR RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 3: ------------------------------------------------------------------------------ 1. NEDUNGADI BANK SHAREHOLDERS ASSOCIATION, 6/337, Y.M.C.A. ROAD, CALICUT-673 001, REPRESENTED BY ITS GENERAL SECRETARY, SRI.M.NARAYANAN NAIR. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF FINANCE (BANKING), GOVERNMENT OF INDIA, NEW DELHI. 3. THE RESERVE BANK OF INDIA, MUMBAI, REPRESENTED BY ITS GOVERNOR. 4. THE CENTRAL BUREAU OF INVESTIGATION, NEW DELHI, REPRESENTED BY ITS DIRECTOR. R1 BY ADV.SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI. R2 BY ASSISTANT SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR. R4 BY STANDING COUNSEL.SRI.M.V.S.NAMBOOTHIRY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1219 of 2007 ---------------------------------------------- Dated, this the 13th day of August, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.6412 of 2004 dated 21-2-2007. 2. We have heard the learned counsels appearing for the parties to the lis. 3. The petitioner association was before this Court, inter alia, seeking the following reliefs. They are as under: “(i). To issue a Writ of Mandamus commanding the first and second respondents to immediately entrust the third respondent the Central Bureau of Investigation to conduct an enquiry into the grave manipulation, defalcation etc. of money running into several crores by some of the erstwhile officials of the Nedungadi Bank and take such steps as are required to recover the money and to punish them. (ii). To issue a Writ of Mandamus commanding the respondents to immediately issue the share certificate of the Punjab National Bank to the various shareholders of the erstwhile Nedungadi Bank consequent on the amalgamation of the said Bank with the 4th respondent Bank. (iii). To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.” W.A.No.1219/2007 -2- 4. The learned Single Judge by his order dated 21st February, 2007 has disposed of the writ petition, and, in that has directed the appellant Bank to release share certificates to the share holders of the erstwhile Nedungadi Bank and has issued further direction to the Secretary of the appellant Bank to issue share certificates of the Bank to the share holders as envisaged under the Scheme of Amalgamation approved. 5. The Bank is aggrieved by only that portion of the order passed by the learned Single Judge. 6. Sri.P.K.Suresh Kumar, learned counsel appearing for the appellant submits that the Scheme of Amalgamation approved does not provide for issuance of share certificates of the Bank to any of the share holders of the petitioner association. Therefore submits that, the observations and directions issued by the learned Single Judge is contrary to the Amalgamation Scheme itself. 7. The learned counsel appearing for the first respondent association has nothing to say in this matter. 8. We have carefully perused the Scheme of Amalgamation produced by the appellant Bank along with the writ appeal documents. Nowhere in the Scheme it is said that the appellant W.A.No.1219/2007 -3- Bank will issue share certificates to the share holders of the petitioner association. In the absence of such a clause in the Scheme itself, in our opinion, the learned Single Judge was not justified in issuing the aforesaid direction. 9. In that view of the matter, while disposing of this writ appeal, we delete the directions issued by the learned Single Judge in paragraph 2 of his order dated 21-2-2007. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS