Mathew Issac vs Assistant Registrar
2022 Latest Caselaw 1764 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
 WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA,
                                   1943
                         WP(C) NO. 4360 OF 2022
PETITIONER:

               MATHEW   ISSAC,AGED 64 YEARS,S/O ISSAC, ORATHEL
               HOUSE,   OMMALLOOR MURIYIL,MAJOOR VILLAGE, VAIKOM
               TALUK,   KOTTAYAM DIST,NOW RESIDING AT ORATHEL
               HOUSE,   KALAKETTY P.O, KOTTAYAM DIST, PIN -
               686510

               BY ADVS.
               P.D.SUBRAMANIAN NAMPOOTHIRI
               K.N.SUGATHAN
               DIVYA C BALAN



RESPONDENTS:

    1          ASSISTANT REGISTRAR(GENERAL),OFFICE OF ASST.
               REGISTRAR (G) OF CO-OP. SOCIETIES
               MEENACHIL,PALA P.O, PIN - 686575

    2          ARBITRATION AND EXECUTION INSPECTOR, OFFICE OF
               ASST. REGISTRAR(G) OF CO-OP. SOCIETIES
               MEENACHIL,PALA P.O
               PIN - 686575

    3          POONJAR SERVICE CO-OPERATIVE BANK LTD NO.3963
               REPRESENTED BY ITS SECRETARY, POONJAR
               P.O,KOTTAYAM DIST
               PIN - 686581

               BY ADV C.P.SABARI
               ADV.RESMI.K.M, SR GP




        THIS    WRIT    PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   16.02.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.4360 of 2022
                                  2


                           JUDGMENT

Seeking to set aside the ex parte award passed

against the petitioner, application was filed before

the 2nd respondent. But for a communication from the

Assistant Registrar to the effect that such an

application is not maintainable, it appears that no

orders have been passed on the application by the

Arbitrator.

2. The petitioner relies on the judgment of this

Court in Rema Devi and others v. Joint Registrar and

others(2016(3) KLT 50) to contend that the

Arbitrator is vested with the power to set aside an

ex parte award. Be that as it may, it is for the

Arbitrator to consider and pass appropriate orders

on the application.

Accordingly, the Writ Petition is disposed of

directing the Arbitrator to consider and pass

appropriate orders on the application filed by the

petitioner seeking to set aside the ex parte award,

if such orders have yet not have been passed, within WP(C) NO.4360 of 2022

a period of two months from the date of receipt of a

copy of this judgment.

Sd/-

Sathish Ninan, Judge vdv WP(C) NO.4360 of 2022

APPENDIX OF WP(C) 4360/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF AWARD DATED 19/05/17

Exhibit P2 A TRUE COPY OF PETITION DATED 04/08/18

Exhibit P3 A TRUE COPY OF COMMUNICATION DATED 11/09/18

Exhibit P4 A TRUE COPY OF JUDGEMENT IN CITATION 2016(3) KHC 645