Kerala High Court
Jose Antony vs Assistant Registrar Of ... on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 7876 OF 2022
PETITIONERS:
1 JOSE ANTONY, AGED 60 YEARS, S/O.LATE ANTONY,
MAPPILATHAZHE (H),
CHENGALAM EAST VILLAGE, KOTTAYAM-686 585.
2 ANJU JOSE, S/O.JOSE ANTONY, MAPPILATHAZHE (H),
CHENGALAM EAST VILLAGE, KOTTAYAM-686 585.
3 ANIT JOSE, D/O.JOSE ANTONY, MAPPILATHAZHE (H),
CHENGALAM EAST VILLAGE, KOTTAYAM-686 585.
BY ADVS.I.DINESH MENON
L.RAJESH NARAYAN
RESPONDENTS:
1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL),
KOTTAYAM-686 001.
2 SPECIAL SALE OFFICER, AKALAKKUNNAM VILLAGE SCB GROUP,
ASSISTANT REGISTRAR OFFICE (G), KOTTAYAM.
3 CHENGALAM SERVICE CO-OPERATIVE BANK LTD NO.K.253,
CHENGALAM-PAIKA ROAD, CHENGALAM, KOTTAYAM-686 585.
BY ADVS.SHAJI THOMAS
JEN JAISON
SMT.MABLE C.KURIAN SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7876 OF 2022
-2-
JUDGMENT
Shorn off all unnecessary details, the
petitioners only require the applications of
theirs praying to set aside Exts.P1 to P3 ex-parte
Awards to be considered by the 1 st respondent -
Assistant Registrar of Co-operative Societies
(General), in terms of law. They assert that such
applications are pending and maintainable and
therefore, that it is imperative that said
Authority be directed to consider them and take a
decision thereon, without any avoidable delay.
2. The afore submissions of Smt.Neethu Soman
- learned counsel for the petitioners, were
answered by Sri.Jen Jaison - learned counsel
appearing for the 3rd respondent Bank, contending
that: for one, no application to set aside an ex-
parte Award is maintainable; and for the second,
no such applications have been received by the
WP(C) NO. 7876 OF 2022
competent Authority until now to his client's
information.
3. The learned Senior Government Pleader -
Smt.Mable C.Kurian, submitted that she does not
have instructions whether any application has been
made by the petitioners before the 1st respondent
and pointed out that no such has been produced
before this Court either. She submitted that,
therefore, no reliefs can be granted to the
petitioners.
4. When I evaluate the afore submissions, it
is without doubt that, on one hand, the
petitioners affirm that they have moved
applications to set aside the ex-parte Awards;
while on the other, the learned Senior Government
Pleader speaks to the contrary.
5. I am, therefore, of the firm view that
this Court will be justified in issuing the
WP(C) NO. 7876 OF 2022
following orders:
(a) This writ petition is ordered and the
petitioners are given liberty to make fresh
applications to set aside the ex-parte Awards,
which shall be preferred along with the certified
copy of this judgment, before the 1st respondent -
Assistant Registrar of Co-operative Societies
(General), within a period of one week from the
date on which a certified copy of the same is
received from this Court.
(b) On the aforesaid applications being
received by the 1st respondent, he will proceed to
consider the same, after affording necessary
opportunity of being heard to the petitioners, as
also to the 3rd respondent Bank; thus culminating
in appropriate orders and necessary action
thereon, as expeditiously as is possible, but not
later than one month from the date on which the
said applications are received.
WP(C) NO. 7876 OF 2022
I make it clear that I have not considered the
contentions of the 3rd respondent, that the
applications are not maintainable and this aspect
is left to be considered and decided by the 1 st
respondent in terms of law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 7876 OF 2022
APPENDIX OF WP(C) 7876/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AWARD DATED 27.12.2019
IN ARC NO.183/2019.
EXHIBIT P2 TRUE COPY OF THE AWARD DATED 27.12.2019
IN ARC NO.184/2019.
EXHIBIT P3 TRUE COPY OF THE AWARD DATED 27.12.2019
IN ARC NO.214/2019.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED
19.02.2022 REGARDING EA. NOS.566/21,
581/21, 581/21, 565/21.
RESPONDENT EXHIBITS
EXHIBIT R3(A) THE PHOTOCOPY OF THE COMPUTER PRINTOUT
OF THE LEDGER SHEET AS ON 09/03/2022 IN
RESPECT OF THE LOAN AVAILED IN THE NAME
OF THE 2ND PETITIONER FOR THE SUM OF
RS.25 LAKH.
EXHIBIT R3(B) THE PHOTOCOPY OF THE COMPUTER PRINTOUT
OF THE LEDGER SHEET AS ON 09/03/2022 IN
RESPECT OF THE LOAN AVAILED IN THE NAME
OF THE 2ND PETITIONER FOR THE SUM OF
RS.5 LAKH.
EXHIBIT R3(C) THE PHOTOCOPY OF THE COMPUTER PRINTOUT
OF THE LEDGER SHEET AS ON 09/03/2022 IN
RESPECT OF THE LOAN AVAILED IN THE NAME
OF THE 3RD PETITIONER FOR THE SUM OF
RS.25 LAKH.
EXHIBIT R3(D) THE PHOTOCOPY OF THE NOTICE DATED
16/04/2018 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT R3(E) TRUE PHOTOCOPY OF THE A.D. CARD ISSUED
WP(C) NO. 7876 OF 2022
BY THE DEPARTMENT OF POSTS, INDIA DATED
17/04/2018.
EXHIBIT R3(F) TRUE PHOTOCOPY OF THE MINUTES OF THE
MEETING OF THE BOARD OF DIRECTORS HELD
ON 31/12/2018.
EXHIBIT R3(G) TRUE PHOTOCOPY OF THE E.A. DEMAND
NOTICE ISSUED BY THE 2ND RESPONDENT
DATED 26/11/2021 IN RESPECT OF A.R.C.
NO.184/2019.
EXHIBIT R3(H) TRUE PHOTOCOPY OF THE E.A. DEMAND
NOTICE ISSUED BY THE 2ND RESPONDENT
DATED 26/11/2021 IN RESPECT OF
A.R.C.NO.214/2019.
EXHIBIT R3(I) TRUE PHOTOCOPY OF THE E.A. DEMAND
NOTICE ISSUED BY THE 2ND RESPONDENT
DATED 26/11/2021 IN RESPECT OF
A.R.C.NO.183/2019.
EXHIBIT R3(J) TRUE PHOTOCOPY OF PART A OF THE AUDIT
CERTIFICATE AND AUDIT MEMORANDUM FOR
THE YEAR 2016-2017 DATED 27/11/2017.
EXHIBIT R3(K) TRUE PHOTOCOPY OF THE COMPLAINT DATED
02/06/2018 FILED BEFORE THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT R3(L) TRUE PHOTOCOPY OF THE ENQUIRY REPORT
UNDER SECTION 66(1) OF THE CO-OPERATIVE
SOCIETIES ACT SUBMITTED BY THE ENQUIRY
OFFICER DATED 31/05/2019.
//TRUE COPY//
P.A. TO JUDGE
