Kerala High Court
The Secretary, Puthoor Service ... vs The Special Sale Officer on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,
1943
WP(C) NO. 14294 OF 2021
PETITIONER:
THE SECRETARY, PUTHOOR SERVICE CO-OPERATIVE BANK
NO.345,PUTHOOR VILLAGE, THRISSUR TALUK, THRISSUR
DISTRICT - 680 014.
BY ADVS.MAHESH V.MENON
P.A.GIREESH KUMAR
RESPONDENTS:
1 THE SPECIAL SALE OFFICER,AYYANTHOLE SCB GROUP,
ASST. REGISTRAR (G) OFFICE, PALACE ROAD,
CHEMBUKAVU, THRISSUR - 680 020.
2 A AND E INSPECTOR NO.2,OFFICE OF THE ASSISTANT
REGISTRAR OF CS (GENERAL), THRISSUR - 680 003.
3 GIRIJA SIVARAMAN (DIED)
AGED 59 YEARS,W/O.LATE SIVARAMAN, AVANOOR HOUSE,
PUTHOOR P.O., KAINOOR, THRISSUR - 680 014.
(R3 REPORTED TO BE NO MORE. R4 AND R5 RECORDED AS
THE LEGAL HEIRS OF R3, AS PER ORDER DATED 25-01-
2022 IN IA 2/2022 IN WP(C) 14294/2021.)
4 RAJESH,AGED 43 YEARS,S/O.SIVARAMAN, AVANOOR
HOUSE, PUTHOOR P.O., KAINOOR, THRISSUR - 680 014.
5 RESHMI,AGED 41 YEARS,D/O.SIVARAMAN, AVANOOR
HOUSE, PUTHOOR P.O., KAINOOR, THRISSUR - 680 014.
BY ADV PAULY MATHEW MURICKEN
G.P SRI. P.M SHAMEER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W P(C) NO.14294 of 2021
2
JUDGMENT
Ext P1 award by the Arbitrator, as affirmed by
the Co-operative Tribunal in Ext P4 judgment, is
under challenge in this writ petition.
2. Respondents 3 to 5 are the legal heirs of
deceased Sivaraman. Late Sivaraman had deposits with
the petitioner Bank. After the demise of Sivaraman,
since the deposit amounts were not returned to the
legal heirs inspite of repeated requests, they were
constrained to approach the Arbitrator under Section
69 of the Co-operative Societies Act, as ARC No.1786
of 2017. The Arbitrator passed Ext P1 award in favour
of respondents 3 to 5. The petitioner challenged the
award before the Tribunal in Appeal No.146 of 2019.
As per judgment dated 12.04.2021, the Tribunal
dismissed the Appeal affirming the award.
3. Heard Sri.Mahesh V. Menon, the learned
counsel for the petitioner, Sri.Pauly Mathew Murickan
learned counsel for respondents 4 and 5. The 3rd
respondent, wife of late Sivaraman, expired pending
the proceedings. Respondents 4 and 5 are recorded as
W P(C) NO.14294 of 2021
her legal heirs.
4. Before the Arbitrator, evidence, both oral
and documentary were adduced by both sides. It is
after detailed consideration of the materials on
record that the Arbitrator passed Ext P1 award. In
the Appeal, the Tribunal noticed that the fixed
deposit receipts have been produced before the
Arbitrator. Tribunal also took note of the statement
evidencing deposit of amounts by Sivaraman. It is
accordingly that the award passed by the Arbitrator
was affirmed by the Tribunal.
5. The authorities have appreciated the entire
evidence available and has arrived at a possible
conclusion. No error of law or want of jurisdiction
could be pointed out in the writ petition.
Accordingly, the writ petition fails and the
same is dismissed.
Sd/-
Sathish Ninan, Judge
vdv
W P(C) NO.14294 of 2021
APPENDIX OF WP(C) 14294/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY ARBITRAL AWARD PASSED BY
THE 1ST RESPONDENT DATED 05/12/2018.
Exhibit P2 TRUE COPY OF EP NO.791/2019 IN ARC
NO.1786/2017 PENDING BEFORE THE 1ST
RESPONDENT.
Exhibit P3 APPEAL NO.149/2020 FILED BEFORE THE
CO-OPERATIVE TRIBUNAL DATED
26/09/2019.
Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THE
KERALA CO-OPERATIVE TRIBUNAL IN APPEAL
NO.146/2019 DATED 12/04/2021.
