Kerala High Court
Jayesh vs Assistant Registrar (General) Of ... on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
WP(C) NO. 8818 OF 2022
PETITIONER/S:
1 JAYESH
AGED 42 YEARS
S/O. VASU, PUTHANPURAYIL HOUSE, PUVANCHIRA DESOM,
PANANCHERI VILLAGE, THRISSUR TALUK,
2 JOMON
S/O. GEORGE, CHUVANNAMANNU DESOM, PANANCHERI VILLAGE,
THRISSUR TALUK,
3 RAAJI
W/O. JAYESH, PUTHANPURAYIL HOUSE, PUVANCHIRA DESOM,
PANANCHERI VILLAGE, THRISSUR TALUK,
4 GEORGE
S/O. ABHRAHAM, KIDACHIRA HOUSE, PUVANCHIRA DESOM,
PANANCHERI VILLAGE, THRISSUR TALUK,
5 CHINNAMMA
W/O. GEORGE, KIDACHIRA HOUSE, PUVANCHIRA DESOM,
PANANCHERI VILLAGE, THRISSUR TALUK,
BY ADV M.P.SREEKRISHNAN
RESPONDENT/S:
1 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
O/O. THE ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE
SOCIETIES, THRISSUR - 680564.
2 THE THRISSUR SERVICE CO-OPERATIVE BANK.
R. NO. 1094, REPRESENTED BY ITS SECRETARY, BINU, S/O.
VIZHWANATHAN, NELLIPARAMBIL HOUSE, ALAPPAD DESOM,
ALAPPAD VILLAGE, THRISSUR TALUK - 680564.
SR.G.P SRI. BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8818 OF 2022 2
JUDGMENT
The petitioners are faced with an ex parte award
passed by the first respondent in an ARC proceeding.
Though the petitioners submitted Ext.P1 and P2
applications seeking to set aside the ex parte award
and to condone the delay, the same are not being
accepted objecting to the maintainability of the same,
is the grievance of the petitioners.
2. In Rema Devi and Ors v. Joint Registrar
(General) of Cooperative Societies and Anr. [2016 (3)
KLT 50], this Court held that the Arbitrator has the
power to set aside ex parte award. In the light
thereof, the first respondent is bound to entertain
the applications and pass appropriate orders thereon,
on its merits.
Accordingly, the writ petition is disposed of
directing the first respondent to accept Exts.P1 and
P2 applications and consider and pass appropriate
orders on the same, on its merits, with due notice to
the opposite party. The applications shall be disposed
of within a period of three months from its
presentation.
Sd/-
SATHISH NINAN
JUDGE
sd
APPENDIX OF WP(C) 8818/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION TO SET ASIDE
THE EX PARTE DECREE, DATED 29.01.2022.
Exhibit P2 A TRUE COPY OF THE PETITION TO CONDONE THE
DELAY IN FILING THE APPLICATION TO SET
ASIDE EX PARTE DECREE, DATED 29.01.2022.
Exhibit P3 A TRUE COPY OF THE ENDORSEMENT, DATED
01.02.2022.
Exhibit P4 A TRUE COPY OF THE JUDGMENT RENDERED IN
RAMADEVI V.S JOINT REGISTRAR GENERAL OF
CORPORATIVE SOCIETIES AS WP(C) NO. 13719 OF
2016, DATED 10.06.2016.
