Saraswathi vs The Joint Registrar (General)
2021 Latest Caselaw 19742 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
    MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
                        WP(C) NO. 6539 OF 2021
PETITIONER:

          SARASWATHI,AGED 54 YEARS,W/O. RAJAPPAN, BINOY BHAVANAM,
          THAZHAKKARA MURI, THAZHAKARA VILLAGE, MAVELIKKARA,
          ALAPPUZHA DISTRICT, PIN-690102.

          BY ADVS.
          M.V.THAMBAN
          SRI.R.REJI
          SMT.THARA THAMBAN
          SRI.B.BIPIN
          SRI.ARUN BOSE



RESPONDENTS:

    1     THE JOINT REGISTRAR (GENERAL),CO-OPERATIVE SOCIETIES,
          MULLAKKAL, ALAPPUZHA DISTRICT, PIN-688011.

    2     THE CO-OPERATIVE INSPECTOR/ARBITRATION OFFICER,
          OFFICE OF THE ASSISTANT REGISTRAR OF THE CO-OPERATIVE
          SOCIETIES (GENERAL), MAVELIKKARA, ALAPPUZHA-690101.

    3     THE KUNNAM SERVICE CO-OPERATIVE BANK,
          NO.559, REPRESENTED BY ITS SECRETARY, KUNNAM P.O.,
          MAVELIKKARA, ALAPPUZHA-690108.

          BY ADVS.
          SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
          SRI.P.J.JOE PAUL
          SRI.MANU SRINATH
          SRI.A.R.DILEEP
          SRI.RAJAN G. GEORGE
          SR. GP. SRI.BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6539 OF 2021
                                  2



                             JUDGMENT

The petitioner has approached this Court

aggrieved by the non-consideration of her

application filed before the arbitrator seeking to

set aside an ex parte award passed under Section 70

of the Co-Operative Societies Act.

2. That the arbitrator has the power to set

aside an ex parte award and that such power is

inherent in the exercise of jurisdiction by a quasi

judicial body, has been held by this Court in Rema

Devi and Others v. Joint Registrar(General) of Co-operative Societies,

Ekm and Another [2016(3) KHC 645]. Therefore, the

application is liable to be considered on its merits

and appropriate orders passed.

Accordingly, the writ petition is disposed of

directing the 2nd respondent to consider and pass

orders on the application to set aside the ex parte

award filed by the petitioner, as expeditiously as

possible, and at any rate within a period of three WP(C) NO. 6539 OF 2021

months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE vdv WP(C) NO. 6539 OF 2021

APPENDIX OF WP(C) 6539/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BEFORE THE 2ND RESPONDENT BEARING PLAINT NO.317/2020 AND HAVING FILE NO.349/2020.

EXHIBIT P2 TRUE COPY OF THE EX PARTE AWARD DATED 28.1.2020 PASSED BY THE 2ND RESPONDENT IN PLAINT NO.317/2020.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN PLAINT NO.317/2020, FOR SETTING ASIDE EXPARTE AWARD DATED 28.1.2021.