Moly Jose vs Asssistant Registrar
2022 Latest Caselaw 3044 Ker

               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. 7854 OF 2022
PETITIONER:

          MOLY JOSE, W/O. JOSE ANTONY,
          MAPPILATHAZHE (H), CHENGALAM EAST VILLAGE,
          KOTTAYAM - 686 585.

          BY ADVS.I.DINESH MENON
          L.RAJESH NARAYAN
          SMT.NEETHU SOMAN



RESPONDENTS:

    1     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), COLLECTORATE P.O., KOTTAYAM - 686 002.

    2     SPECIAL SALE OFFICER,
          AKALAKKUNNAM VILLAGE SCB GROUP,
          ASSISTANT REGISTRAR OFFICE (G) COLLECTORATE P.O.,
          KOTTAYAM - 686 002.

    3     CHENGALAM SERVICE COOPERATIVE 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. 7854 OF 2022
                                    -2-

                                 JUDGMENT

Shorn off all unnecessary details, the

petitioner only requires Exts.P4 and P5

applications of hers praying to set aside Exts.P1

and P2 ex-parte Awards to be considered by the 1 st

respondent - Assistant Registrar of Co-operative

Societies (General), in terms of law. She asserts

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, WP(C) NO. 7854 OF 2022

no such applications have been received by the

competent Authority until now to his client's

information.

3. The learned Senior Government Pleader -

Smt.Mable C.Kurian, however, affirmed that the

applications of the petitioner to set aside the

ex-parte Awards have been received on 15.03.2022;

and submitted that if this Court is only inclined

to direct the competent Authority to consider them

on its merits, without entering into the

contentions regarding its maintainability, she

will not stand in the way of appropriate orders

being issued; however, praying that this Court may

not make any affirmative declarations in her

favour.

Resultantly and taking note of the afore

submissions, I order this writ petition and direct

the 1st respondent - Assistant Registrar of Co-

operative Societies (General), to take up Exts.P4 WP(C) NO. 7854 OF 2022

and P5 applications and dispose them of, after

affording an opportunity of being heard to the

petitioner, 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 of receipt of a copy of this judgment.

I make it clear that I have not considered the

contentions of the 3rd respondent, that Exts.P4 and

P5 applications are not maintainable and this

aspect is left to be considered and decided by the

1st respondent in terms of law.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 7854 OF 2022

APPENDIX OF WP(C) 7854/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 27.12.2019 IN ARC NO. 186/2019.

EXHIBIT P2 TRUE COPY OF THE AWARD DATED 27.12.2019 IN ARC NO. 222/2019.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 19.2.2022 REGARDING EA NOS. 586, 558, 567, 585,568/21.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 2.3.2022 IN ARC NO. 186/19.

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 2.3.2022 IN ARC NO. 222/19.

RESPONDENT EXHIBITS

EXHIBIT R3-A TRUE PHOTOCOPY OF THE COMPUTER PRINTOUT OF THE LEDGER SHEET AS ON 09-03-2022 IN RESPECT OF THE LOAN AVAILED BY THE PETITIONER FOR THE SUM OF RS.25 LAKH.

EXHIBIT R3-B TRUE PHOTOCOPY OF THE NOTICE DATED 16-04-

2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT R3-C TRUE PHOTOCOPY OF THE A.D. CARD ISSUED BY THE DEPARTMENT OF POSTS, INDIA DATED 17-04- 2018.

EXHIBIT R3-D TRUE PHOTOCOPY OF THE E.A. DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26-11- 2021 IN RESPECT OF A.R.C.NO. 186/2019.

EXHIBIT R3-E TRUE PHOTOCOPY OF THE E.A. DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 26-11- 2021 IN RESPECT OF A.R.C.NO. 222/2019.