Present vs Arbitrator And Joint ...
2021 Latest Caselaw 11104 Ker

Citation : 2021 Latest Caselaw 11104 Ker
Judgement Date : 7 April, 2021

Kerala High Court

Present vs Arbitrator And Joint ... on 7 April, 2021

IA/1/2021 IN WP(C) 16873/2019                     1/4

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                        Wednesday,the 7th day of April 2021/17th Chaithra, 1943
                               IA 3/2021 IN WP(C)/16873/2019(H)
APPLICANT/2ND RESPONDENT IN WP(C)
       ARBITRATOR AND JOINT REGISTRAR(GENERAL) IN CHARGE OF CO-
       OPERATIVE SOCIETIES,ALAPPUZHA,
            For information purpose only
       OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
       SOCIETIES,ALAPPUZHA.P.O, PIN-688001.
RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN WP(C)
       1.GEORGE
       FUELS,1/78A,PALACHUVADU,VAZHAKKALA.P.O,PIN-682030,NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H.47,AROOR,PIN-688534,
       ALAPPUZHA DISTRICT,REPRESENTED BY MANAGING PARTNER
       ABRAHAM P.GEORGE THARAKAN.
       2.ABRAHAM.P.GEORGE THARAKAN,,AGED 79 YEARS,MANAGING
       PARTNER,GEORGE FUELS,1/78
       A,PALACHUVADU,VAZHAKKALA.P.O,PIN-682030,NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H 47,AROOR, PIN
       688534,ALAPPUZHA DISTRICT.
       3.GEORGE THARAKAN,AGED 67 YEARS,PARTNER,GEORGE FUELS,1/78-
       A,PALACHUVADU,VAZHAKKALA.P.O, PIN-682030 NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H.47,AROOR,PIN
       688534,ALAPPUZHA DISTRICT.
       4.THE PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD. NO. 1144,
       REGISTERED OFFICE AT PATANAKKAD,PATTANAKKAD.P.O,
       CHERTHALA,ALAPPUZHA DISTRICT,PIN-688531.REPRESENTED BY ITS
       OFFICIATING CHIEF EXECUTIVE AND SECRETARY.
         Application praying that in the circumstances stated in the aﬃdavit ﬁled therewith the
High Court be pleased to        extend the time limit prescribed in the judgment dated 26-06-2019
in WP(C) No.16873/2019 by a further period of 6 months from 16-03-2021.


         This application coming on for orders upon perusing the application and the aﬃdavit
ﬁled in support thereof,         and this court's judgment dated 26-06-2019 and order dated
14-01-2021        and upon hearing the arguments of GOVERNMENT PLEADER for Applicant
in IA/R2 in WP(C),M/S ABRAHAM P.GEORGE, M.SANTHY, Advocates for R1 to R3 in
IA/petitioners in WP(C) and of M/S T.R.HARIKUMAR, ARJUN RAGHAVAN, Advocates
for R4 in IA/R1 in WP(C), the court passed the following:
 IA/1/2021 IN WP(C) 16873/2019   2/4




            For information purpose only
 IA/1/2021 IN WP(C) 16873/2019                        3/4



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                     Wednesday,the 7th day of April 2021/17th Chaithra, 1943
                         C.M.APPLN.4/2021 IN WP(C)/16873/2019(H)
APPLICANT/2ND RESPONDENT IN WP(C)
       ARBITRATOR AND JOINT REGISTRAR(GENERAL) IN CHARGE CO-
            For information purpose only
       OPERATIVE SOCIETIES,ALAPPUZHA,
       OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
       SOCIETIES,ALAPPUZHA.P.O, PIN-688001.
RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN WP(C)
       1.GEORGE
       FUELS,1/78A,PALACHUVADU,VAZHAKKALA.P.O,PIN-682030,NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H.47,AROOR,PIN-688534,
       ALAPPUZHA DISTRICT,REPRESENTED BY MANAGING PARTNER
       ABRAHAM P.GEORGE THARAKAN.
       2.ABRAHAM.P.GEORGE THARAKAN,AGED 79 YEARS,MANAGING
       PARTNER,GEORGE FUELS,1/78
       A,PALACHUVADU,VAZHAKKALA.P.O,PIN-682030,NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H 47,AROOR, PIN
       688534,ALAPPUZHA DISTRICT.
       3.GEORGE THARAKAN,AGED 67 YEARS,PARTNER,GEORGE FUELS,1/78-
       A,PALACHUVADU,VAZHAKKALA.P.O, PIN-682030 NOW HAVING
       PERMANENT ADDRESS AT DOOR NO.9/185B,N.H.47,AROOR,PIN
       688534,ALAPPUZHA DISTRICT.
       4.THE PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD. NO. 1144,
       REGISTERED OFFICE AT PATANAKKAD,PATTANAKKAD.P.O,
       CHERTHALA,ALAPPUZHA DISTRICT,PIN-688531.REPRESENTED BY ITS
       OFFICIATING CHIEF EXECUTIVE AND SECRETARY.

         Application praying that in the circumstances stated in the aﬃdavit ﬁled therewith the
High Court be pleased to          condone the delay of 3 days in ﬁling the extension petition.


      This application coming on for orders upon perusing the application and the aﬃdavit ﬁled
in support thereof,             and this court's judgment dated 26-06-2019 and order dated
14-01-2021        and upon hearing the arguments of GOVERNMENT PLEADER for Applicant
in IA/R2 in WP(C),M/S ABRAHAM P.GEORGE, M.SANTHY, Advocates for R1 to R3 in
IA/petitioners in WP(C) and of M/S T.R.HARIKUMAR, ARJUN RAGHAVAN, Advocates
for R4 in IA/R1 in WP(C), the court passed the following:
                     DEVAN RAMACHANDRAN,J.
                   ---------------------------
           C.M.Appl.No.4 of 2021 & I.A.No.3 of 2021
                              in
                    W.P.(C)No.16873 of 2019
                 ---------------------------
            Dated this the 7th day of April, 2021
          For information purpose only
                              O R D E R

C.M.Appl.No.4 of 2021

Delay condoned.

I.A.No.3 of 2021

This application has been filed seeking that the time frame in

the judgment be extended by a further period of six months from

16.03.2021.

In the judgment in question, I had directed the Arbitrator to

dispose of A.R.C. No.1 of 2017 within not later than six months from

the date of receipt of the judgment. This judgment was delivered on

26.06.2019 and it is clear that the Arbitrator had over a year even

after the time fixed in the judgment.

I, therefore, allow this application only in part, thus granting a