Kerala High Court
M/S Saba Trading Pvt Ltd vs Kerala State Cashew Workers Apex ... on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 27954 OF 2019
PETITIONER:
M/S SABA TRADING PVT LTD
A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT NO 6, TARAPORE AVENUE,
HARRINGTON ROAD, CHETPET, CHENNAI 600031, REPRESENTED BY
ITS DIRECTOR, MRS. LATHA SABAPATHY, AGED 65 YEARS, W/O MR.S
S.RATHINSABAPATHY, NO 6 TARAPORE AVENUE, HARRINGTON ROAD,
CHETPET, CHENNAI-600031.
BY ADVS.
A.JANI(KOLLAM)
G.SIVASANKAR
L.JYOTHY KUMARI
N.RAJI
RESPONDENTS:
1 KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE
SOCIETY LTD (CAPEX)
P.B NO 262, INDUSTRIAL DEVELOPMENT PLOT, (H AND C)
COMPOUND), MUNDAKKAL, KOLLAM WEST, PIN-691 001.
2 THE DEPUTY DIRECTOR,
INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT OF KERALA,
ASRAMAM, KOLLAM.
BY ADV SRI.M.K.CHANDRA MOHANDAS
BY SMT.SHEEJA C.S., SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.27954 of 2019
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Dated this the 24th day of September, 2021
J U D G M E N T
The writ petition is filed seeking an expeditious
disposal of Ext.P5 execution petition whereunder Ext.P1
award is sought to be enforced.
2. Though pending the writ petition certain
payments were made, admittedly the award has not been
satisfied. The award was passed by the original
authority in the year 2013 and the same reached finality
as per judgment of the Division Bench of this Court in
WA 232/2017. Execution petition is of the year 2013. It
is only appropriate that the execution proceedings be
completed without further delay.
3. Accordingly the writ petition is disposed of
directing the Registrar of Co-operative Societies,
Thiruvananthapuram to proceed with Execution Petition
No.1/2013 and complete the proceedings as expeditiously
W. P. (C) No.27954 of 2019
as possible and at any rate within a period of six
months from the date of receipt of a copy of this
judgment.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 27954/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF AWARD PASSED UNDER SECTION 69 OF
THE KERALA COOPERATIVE SOCIETIES ACT 1969
DATED 24.5.2013
EXHIBIT P2 TRUE COPY OF COMMON JUDGMENT PASSED BY KERALA
COOPERATIVE APPELLATE TRIBUNAL IN APPEAL NO
88 OF 2013 AND 91 OF 2013 DATED 24.3.2014
EXHIBIT P3 TRUE COPY OF JUDGMENT IN WPC NO 17555 OF 2014
OF THE ONOURBALE HIGH COURT OF KERALA DATED
15.11.2016
EXHIBIT P4 TRUE COPY OF JUDGMENT PASSED IN WA NO 232 OF
2017 OF THIS HONOURABLE COURT DATED
22.10.2018
EXHIBIT P5 TRUE COPY OF EXECUTION PETITION PENDING
BEFORE SECOND RESPONDENT DATED 2.9.2019
EXHIBIT P6 TRUE COPY OF STATEMENT OF ACCOUNT PREPARED BY
WRIT PETITIONER DATED 15.10.2019
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