Kerala High Court
Abdul Muthalif vs The Joint Registrar (General) on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C)NO.19383 OF 2022
PETITIONER:
ABDUL MUTHALIF
AGED 68 YEARS
S/O P.M HUSSANKUTTY, PAARIKUNNATH HOUSE,
OVERBRIDGE ROAD, POOTHOLE DESOM,
THRISSUR VILLAGE. POOTHOLE P.O,
THRISSUR 680 004
BY ADV C.DHEERAJ RAJAN
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, THRISSUR, CIVIL LANE,
AYYANTHOLE, THRISSUR - 680 003.
2 KERALA STATE CO-OPERATIVE BANK,
THRISSUR REGION, THRISSUR DISTRICT 680 001
REP BY ITS BRANCH MANAGER.
3 SPECIAL SALE OFFICER,
KERALA STATE CO-OPERATIVE BANK,
THRISSUR REGION, THRISSUR DISTRICT - 680 001.
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, ALONG WITH WP(C).19414/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.19383 & 19414 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C)NO.19414 OF 2022
PETITIONER:
ABDUL MUTHALIF
AGED 68 YEARS
S/O.P.M.HUSSANKUTTY,
PAARIKUNNATH HOUSE, OVERBRIDGE ROAD,
POOTHOLE DESOM, THRISSUR VILLAGE,
POOTHOLE P.O., THRISSUR - 680 004.
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES, THRISSUR,
CIVIL LANE, AYYANTHOLE, THRISSUR - 680 003.
2 KERALA STATE CO-OPERATIVE BANK
THRISSUR REGION, THRISSUR DISTRICT - 680 001
REP. BY ITS BRANCH MANAGER.
3 SPECIAL SALE OFFICER
KERALA STATE CO-OPERATIVE BANK, THRISSUR REGION,
THRISSUR DISTRICT - 680 001.
SRI. BIMAL K. NATH, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, ALONG WITH WP(C).19383/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.19383 & 19414 OF 2022
3
T.R.RAVI, J.
----------------------------------------
WP(C) No.19383 of 2022 &
WP(C) No.19414 of 2022
--------------------------------------------
Dated this the 07th day of July, 2022
JUDGMENT
Above two writ petitions are filed by the petitioners
being aggrieved by ex-parte awards passed in arbitration
cases initiated before the 1st respondent by the 2nd
respondent. The petitioners have filed applications
seeking to set aside ex-parte awards. The petitioners
submit that the applications are not being considered on
the ground that there is no power available to set aside
ex-parte award. It is submitted that in the meanwhile
steps for recovery have also been taken. This Court has
held in Remadevi v. Joint Registrar [2016 (3) KHC
645] that the arbitrator has power to set aside ex-parte
award.
In the above circumstances, these writ petitions are
allowed. The 1st respondent is directed to consider and
pass orders on Ext.P7 applications to set aside the ex-
WP(C) Nos.19383 & 19414 OF 2022
parte award in both these cases and pass orders after
hearing the petitioners at the earliest at any rate within
one month from the date of receipt of a copy of this
judgment. The execution proceedings shall be kept in
abeyance till orders are issued.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) Nos.19383 & 19414 OF 2022
APPENDIX OF WP(C) 19383/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WPC
11167/2016
Exhibit P2 THE TRUE COPY OF THE AUCTION NOTICE DATED
17.06.2017 BY THE 2ND RESPONDENT BANK
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 03.07.2017
ISSUED BY THE 2ND RESPONDENT BANK.
Exhibit P4 THE TRUE COPY THE QUERY DATED 14.07.2017 SEND
BY THE PETITIONER TO THE ADMINISTRATOR OF THE
2ND RESPONDENT BANK.
Exhibit P5 THE TRUE COPY OF THE REPLY DATED 27.09.2017
ISSUED TO THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE ORDER DATED 13.11.2019
PASSED BY THE 1ST RESPONDENT.
Exhibit P7 THE TRUE COPY OF INTERLOCUTORY APPLICATION IN
ARC 349/2019 FILED BY THE PETITIONER.
Exhibit P8 THE TRUE COPY OF THE DEMAND NOTICE DATED
10.01.2022 IN E.P 95/21 IN ARC 349/19,
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED
29.03.2022 IN WPC 7399/2022.
Exhibit P10 THE TRUE COPY OF THE ORDER DATED 27.05.2022
IN ARC 348/2019.
RESPONDENT'S EXHIBITS : NIL
WP(C) Nos.19383 & 19414 OF 2022
APPENDIX OF WP(C) 19414/2022
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WPC
11167/2016.
Exhibit P2 THE TRUE COPY OF THE AUCTION NOTICE DATED
17.06.2017UED BY THE 2ND RESPONDENT BANK.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 03.07.2017
ISSUED BY THE 2ND RESPONDENT BANK.
Exhibit P4 THE TRUE COPY THE QUERY DATED 14.07.2017 SEND
BY THE PETITIONER TO THE ADMINISTRATOR OF THE
2ND RESPONDENT BANK.
Exhibit P5 THE TRUE COPY OF THE REPLY DATED 27.09.2017
ISSUED TO THE PETITIONER.
Exhibit P6 THE TRUE COPY OF THE ORDER DATED 13.11.2019
SEND BY THE 1ST RESPONDENT.
Exhibit P7 THE TRUE COPY OF INTERLOCUTORY APPLICATION IN
ARC 347/2019 FILED BY THE PETITIONER.
Exhibit P8 THE TRUE COPY OF THE DEMAND NOTICE DATED
10.01.2022 IN E.P 93/21 IN ARC 347/2019.
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED
29.03.2022 IN WPC 7399/2022.
Exhibit P10 THE TRUE COPY OF THE ORDER DATED 27.05.2022
IN ARC 348/2019.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
