IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16944 OF 2022
PETITIONER:
LEELA,
AGED 57 YEARS
W/O. SATHEESHAN, PUTHUSSERY HOUSE,
PURANATTUKARA, PUZHAKKAL P.O., THRISSUR-680553.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SWATHY A.P.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE ASSISTANT REGISTRAR (GENERAL),
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.
3 SPECIAL SALE OFFICER,
ADAT FSCB LIMITED, NO.R. 689,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.
4 SPECIAL SALE OFFICER,
VILVATTOM SERVICE CO-OPERATIVE BANK GROUP,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.
5 ADAT FARMERS' SERVICE CO-OPERATIVED BANK LIMITED
NO.R-689,P.O.PURANATTUKARA, THRISSUR-680551,
REPRESENTED BY ITS MANAGING DIRECTOR.
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16944 OF 2022
2
JUDGMENT
The petitioner has approached this Court aggrieved by execution proceedings initiated against her pursuant to an exparte award in ARC No.102/2018.
2. According to the petitioner, the exparte award was issued without summons to her. The petitioner has preferred Ext.P4 petition seeking to set aside the exparte award. Petitioner's grievance is that the petition is not being considered and in the meanwhile execution proceedings are being continued. Since the petitioner has a case that no notice was issued, it is only appropriate that the petition to set aside the exparte award is considered on merits and orders passed thereon. It can no longer be disputed that, in view of the decision in Rema Devi and Others v. Joint Registrar (General) of Co-operative Societies, Ekm and Another reported in 2016 (3) KHC 645, there is sufficient power available with the 2nd respondent to consider petition for setting aside exparte award.
WP(C) NO. 16944 OF 2022 3 In the circumstances, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 petition to set aside the exparte award in ARC No.102/2018 within one month from the date of receipt of a copy of this judgment. The operation and execution of the award shall remain stayed till orders are issued on Ext.P4.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 16944 OF 2022 4 APPENDIX OF WP(C) 16944/2022 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE SUMMONS DATED 03/04/2018 ISSUED TO THE PETITIONER.
Exhibit P1(A) A COPY OF THE ENDORSEMENT ON THE EXT. P1 SUMMONS.
Exhibit P2 A COPY OF THE AWARD DATED 23/04/2018. Exhibit P3 A COPY OF THE DEMAND NOTICE DATED 04/03/2022 ISSUED TO THE PETITIONER. Exhibit P4 A COPY OF THE PETITION FILED BY THE PETITIONER DATED 22/04/2022.
Exhibit P5 A COPY OF THE DEMAND NOTICE DATED 19/05/2022 ISSUED TO THE PETITIONER.