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2021 Latest Caselaw 11756 Ker

WP(C) 9715/2021                                 1/4



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             Present:
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS

                       Friday,the 9th day of April 2021/19th Chaithra, 1943
                                    WP(C) No.9715/2021(L)
PETITIONER
           For information purpose only
       DILEEP K.G,AGED 52 YEARS
       S/O. GANGADHARAN, KOCHERY HOUSE, AYYAMPILLY P.O. KUZHUPPILLY,
       ERNAKULAM DISTRICT.
RESPONDENTS
1.THE JOINT REGISTRAR
     CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, KAKKANAD
     ERNAKULAM, 682 020.
2.THE DEPUTY REGISTRAR/SPECIAL ARBITRATOR,
     DISTRICT CO-OPERATIVE BANK, CIVIL STATION, KAKKANAD,
     ERNAKULAM, 682 020.
3.THE BRANCH MANAGER,
     ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED, (NOW NAMED AS
     KERALA STATE CO-OPERATIVE BANK), KUZHUPPILY BRANCH,
     KUZHUPPILLY , ERNAKULAM DISTRICT 682 501.
4.VYPIN BLOCK INDUSTRIAL CO-OPERATIVE SOCIETY LTD.
     NO.E. 117, AYYAMBILLY P.O. AYYAMBILLY,
     ERNAKULAM, DISTRICT 682 501.

         Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit
filed along with the WP(C) the High Court be pleased to stay all further proceedings
pursuant to Ext.P4 award passed in ARC No. 81 of 2019 dated 17-03-2020 passed
by the Arbitrator, the 2nd respondent herein, pending disposal of this WP(C).


         This petition coming on for admission upon perusing the petition and the affidavit filed
in support of WP(C) and upon hearing the arguments of SRI. O.D.SIVADAS, Advocate for
the petitioner and of SENIOR GOVERNMENT PLEADER for respondents 1 & 2, the court
passed the following:-
                          SUNIL THOMAS, J
            -------------------------------------------------------------

W.P. (C). No.9715 of 2021

-------------------------------------------------------------

Dated this the 9th day of April, 2021

For information ORDERpurpose only

Issue notice to the 4th respondent. The learned Senior

Government Pleader takes notice for R1 and R2.

The specific contention of the learned counsel for the

petitioner is that the liability sought to be enforced is one

arising out of the transactions of the Bank with the Society.

The petitioner was the Secretary of the Society and no

personal liability can be -cast- on him. Though the learned

counsel for the 3rd respondent raised the contention that this is

an appealable order which is conceded by the learned counsel

for the petitioner, in the light of the legal position raised that

the judgment in award is nullity as against the petitioner in his

personnel capacity, I am inclined to consider the contention

taken up in the writ petition. Accordingly, post on 16.06.2021.

The execution of further proceedings against the petitioner

personally will stand deferred till the next posting date.

Sd/-

For information SUNIL purpose only THOMAS JUDGE LEK

/true copy/ Sd/- ASSISTANT REGISTRAR KLHC010264032021 4/4

EXHIBIT P4 - TRUE COPY OF THE AWARD IN ARC NO. 81 OF 2019 DATED 17.3.2020 PASSED BY THE 2ND RESPONDENT.

For information purpose only