Santhakumari vs Peechi Service Co-Operative ...
2023 Latest Caselaw 8620 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                       WP(C) NO. 26088 OF 2023
PETITIONERS:

    1     SANTHAKUMARI
          AGED 64 YEARS, W/O. SUDHAKARAN,
          SANSUD, EDAPPALAM, PATTIKAD, THIRSSUR, PIN - 680 652.
    2     SUDHAKARAN
          AGED 71 YEARS, S/O CHINNAMENON
          SANSUD, EDAPPALAM, PATTIKAD, THRISSUR, PIN - 680 652.

    3     SUDEV SUDHAKARAN
          AGED 39 YEARS, S/O SUDHAKARAN
          SANSUD, EDAPPALAM, PATTIKAD, THRISSUR, PIN - 680 652.

    4     SHRUTHY
          AGED 35 YEARS, W/O DR. SUNIL
          5B, SFS BOULE WARD, PUTHIYA ROAD, VENNALA, ERNAKULAM,
          PIN - 682 028.

          BY ADVS.
                    S.S.ARAVIND
                    SHRI.SREEKUMAR G. CHELUR, SC,
                    INDIAN RED CROSS SOCIETY



RESPONDENTS:

          PEECHI SERVICE CO-OPERATIVE BANK,
          REPRESENTED BY ITS SECRETARY
          PEECHI ROAD JUNCTION, PATTIKAD,
          THRISSUR, PIN - 680 652.

          BY ADVS.
                    NISHA GEORGE
                    GEORGE POONTHOTTAM (SR.)(K/000570/1979)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.26088/2023                 2




                            JUDGMENT

The respondent Bank has obtained Exts.P2 series of

awards in proceedings under Section 69 of the Kerala Co-

operative Societies Act, 1969, against the petitioners.

Following the findings rendered by this Court in Ext.P4

judgment, the petitioners challenged the awards by filing

Exts.P5 series of appeals along with stay petitions before the

Kerala Co-operative Tribunal, Thiruvananthapuram. The

appeals and the stay petitions are pending consideration of the

Co-operative Tribunal. In the meanwhile, the respondent Bank

has issued Exts.P7 series of sale notices proposing to bring the

properties, which have been mortgaged, to sale.

2. The learned counsel for the petitioners would submit

that further coercive proceedings may be kept in abeyance

atleast till the stay petitions are decided by the Co-operative

Tribunal.

3. Heard the learned counsel for the respondent Bank

also.

4. Having heard the learned counsel for the petitioners

and the learned counsel for the respondent Bank and having

regard to the limited nature of reliefs presently sought by the

petitioners, I am of the view that the prayers now made by the

learned counsel for the petitioners can be granted.

5. Accordingly, this writ petition will stand disposed of

directing that the stay petitions filed by the petitioners in

Exts.P5 series of appeals shall be considered and disposed of

by the Kerala Co-operative Tribunal, Thiruvananthapuram,

within a period of four months from the date of receipt of a

certified copy of this judgment. Till such time as orders are

passed on the stay petitions (after hearing the respective

appellants and the Bank) further coercive proceedings to

enforce Exts.P2 series of awards shall be kept in abeyance.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 26088/2023

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE ORDER OF THE ASSISTANT REGISTRAR DATED 25-3-2022

Exhibit-P2 TRUE COPY OF THE AWARD IN 4128 OF 2018 DATED 28-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(a) TRUE COPY OF THE AWARD IN 4125 OF 2018 DATED 28-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(b) TRUE COPY OF THE AWARD IN 4118 OF 2018 DATED 28-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(c) TRUE COPY OF THE AWARD IN 4116 OF 2018 DATED 28-12-2018 PASSED BY THE ARBITRATOR

Exhibit--P2(d) TRUE COPY OF THE AWARD IN 4091 OF 2018 DATED 27-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(e) TRUE COPY OF THE AWARD IN 4084 OF 2018 DATED 27-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(f) TRUE COPY OF THE AWARD IN 4079 OF 2018 DATED 27-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P2(g) TRUE COPY OF THE AWARD IN 4126 OF 2018 DATED 27-12-2018 PASSED BY THE ARBITRATOR

Exhibit-P3 TRUE COPY OF THE ORDER OF THE JOINT REGISTRAR DATED 02/03/2023.

Exhibit-P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.8816/2023 DATED 04-07-2023 PASSED BY THIS HON'BLE COURT

Exhibit-P5 TRUE COPY APPEAL BEARING THAPAL NO.

1203/2023 IN ARC NO. 4079/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(a) TRUE COPY APPEAL BEARING THAPAL NO.

1204/2023 IN ARC NO. 4125/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(b) TRUE COPY APPEAL BEARING THAPAL NO.

1205/2023 IN ARC NO. 4128/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(c) TRUE COPY APPEAL BEARING THAPAL NO.

1206/2023 IN ARC NO. 4118/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(d) TRUE COPY APPEAL BEARING THAPAL NO.

1207/2023 IN ARC NO. 4084/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(e) TRUE COPY APPEAL BEARING THAPAL NO.

1208/2023 IN ARC NO. 4116/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(f) TRUE COPY APPEAL BEARING THAPAL NO.

1209/2023 IN ARC NO. 4126/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P5(g) TRUE COPY APPEAL BEARING THAPAL NO.

1210/2023 IN ARC NO. 4091/2018 FILED BY THE PETITIONERS BEFORE THE CO-OPERATIVE TRIBUNAL

Exhibit-P6 TRUE COPY OF RELEVANT PAGES OF APPLICATION IN ARC NO. 4079/2018 UNDER RULE 115 (1) (B) OF THE CO-OPERATIVE SOCIETY RULES FILED ALONG WITH APPEAL

Exhibit-P7 TRUE COPY OF THE NOTICE IN ARC NO.4118/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(a) TRUE COPY OF THE NOTICE IN ARC NO.4125/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(b) TRUE COPY OF THE NOTICE IN ARC NO.4128/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(c) TRUE COPY OF THE NOTICE IN ARC NO.4116/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(d) TRUE COPY OF THE NOTICE IN ARC NO.4091/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(e) TRUE COPY OF THE NOTICE IN ARC NO.4079/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR

Exhibit-P7(f) TRUE COPY OF THE NOTICE IN ARC NO.4084/18 DATED 21/07/2023 ISSUED BY SPECIAL SALE OFFICER, THRISSUR