I.J Builders And Developers (P) ... vs The Dy.Registrar/Spl. ...
2021 Latest Caselaw 4377 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.3043 OF 2021(E)


PETITIONERS:

      1        I.J BUILDERS AND DEVELOPERS (P) LIMITED
               REPRESENTED BY ITS MANAGING DIRECTOR, INDIRA J.
               MENON, XL/619, KUMARI VILAS,
               POOTHAMPALLY TOWERS,
               SWAMY CHINMAYANAND ROAD, KOCHI 682 016

      2        MRS. INDIRA J. MENON,
               MANAGING DIRECTOR I.J BUILDERS AND DEVELOPERS,
               XL/619, KUMARI VILAS, POOTHAMPALLY TOWERS,
               SWAMY CHINMAYANAND ROAD, KOCHI 682 016

      3        MR. P JAYAPRAKASH, DIRECTOR
               I.J BUILDERS AND DEVELOPERS, XL/619, KUMARI VILAS,
               POOTHAMPALLY TOWERS, SWAMY CHINMAYANAND ROAD,
               KOCHI 682 016

               BY ADVS.
               SRI.P.JAYABAL MENON
               SMT.REKHA AGARWAL

RESPONDENTS:

      1        THE DY.REGISTRAR/SPL. ARBITRATOR
               ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED,
               5TH FLOOR, NEW BLOCK, CIVIL STATION,
               KAKKANAD, KERALA, KOCHI 682 030

      2        THE ERNAKULAM DISTRICT CO-OEPRATIVE BANK LIMITED,
               BRANCH ERNAKULAM MAIN BRANCH, 2ND FLOOR, AKSHARA
               MANDIRAM BUILDING, MARINE DRIVE,
               ERNAKULAM, KERALA 682031
               REPRESENTED BY ITS BRANCH MANAGER.


OTHER PRESENT:

               SC SRI.N.RAGHURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 w.p(c).3043/2021
                                   2




                             JUDGMENT

When the matter was taken up, learned Standing Counsel for the

second respondent submitted that the allegations mentioned in the Writ

Petition are incorrect. According to the learned Standing Counsel, 6 to

7 chances were given to the petitioners to contest the proceedings.

Ultimately on the last posting day, when they appeared, they submitted

that, they have no serious objections and they need only sometime for

discharging the liability. It was endorsed in writing, submitted by the

learned Standing Counsel. Thereafter, award was passed on 29.01.2021.

The above submission of the learned Standing Counsel is recorded. The

above facts are also not disputed by the learned counsel for the writ

petitioner.

Having regard to the circumstances, I feel that, Writ Petition

cannot survive now. It is disposed of with liberty to the petitioner to

seek his remedy in accordance with law.

Sd/-

                                            SUNIL THOMAS

Sbna                                            JUDGE