Leela vs State Of Kerala
2022 Latest Caselaw 5953 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 16944 OF 2022
PETITIONER:

            LEELA,
            AGED 57 YEARS
            W/O. SATHEESHAN, PUTHUSSERY HOUSE,
            PURANATTUKARA, PUZHAKKAL P.O., THRISSUR-680553.

            BY ADVS.
            LINDONS C.DAVIS
            E.U.DHANYA
            SWATHY A.P.


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            CO-OPERATIVE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    2       THE ASSISTANT REGISTRAR (GENERAL),
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.

    3       SPECIAL SALE OFFICER,
            ADAT FSCB LIMITED, NO.R. 689,
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.

    4       SPECIAL SALE OFFICER,
            VILVATTOM SERVICE CO-OPERATIVE BANK GROUP,
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR-680003.

    5       ADAT FARMERS' SERVICE CO-OPERATIVED BANK LIMITED
            NO.R-689,P.O.PURANATTUKARA, THRISSUR-680551,
            REPRESENTED BY ITS MANAGING DIRECTOR.

            SRI. BIMAL K. NATH, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16944 OF 2022

                                2

                          JUDGMENT

The petitioner has approached this Court aggrieved by

execution proceedings initiated against her pursuant to an

exparte award in ARC No.102/2018.

2. According to the petitioner, the exparte award was

issued without summons to her. The petitioner has preferred

Ext.P4 petition seeking to set aside the exparte award.

Petitioner's grievance is that the petition is not being

considered and in the meanwhile execution proceedings are

being continued. Since the petitioner has a case that no notice

was issued, it is only appropriate that the petition to set aside

the exparte award is considered on merits and orders passed

thereon. It can no longer be disputed that, in view of the

decision in Rema Devi and Others v. Joint Registrar

(General) of Co-operative Societies, Ekm and Another

reported in 2016 (3) KHC 645, there is sufficient power

available with the 2nd respondent to consider petition for

setting aside exparte award.

WP(C) NO. 16944 OF 2022

In the circumstances, this writ petition is disposed of

directing the 2nd respondent to consider and pass orders on

Ext.P4 petition to set aside the exparte award in ARC

No.102/2018 within one month from the date of receipt of a

copy of this judgment. The operation and execution of the

award shall remain stayed till orders are issued on Ext.P4.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 16944 OF 2022

APPENDIX OF WP(C) 16944/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE SUMMONS DATED 03/04/2018 ISSUED TO THE PETITIONER.

Exhibit P1(A) A COPY OF THE ENDORSEMENT ON THE EXT. P1 SUMMONS.

Exhibit P2 A COPY OF THE AWARD DATED 23/04/2018.

Exhibit P3 A COPY OF THE DEMAND NOTICE DATED 04/03/2022 ISSUED TO THE PETITIONER.

Exhibit P4 A COPY OF THE PETITION FILED BY THE PETITIONER DATED 22/04/2022.

Exhibit P5 A COPY OF THE DEMAND NOTICE DATED 19/05/2022 ISSUED TO THE PETITIONER.