Anilkumar vs Muriyad Service Cooperative Bank ...
2023 Latest Caselaw 9085 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                        WP(C) NO. 21709 OF 2023
PETITIONER/S:

    1     ANILKUMAR
          AGED 44 YEARS
          S/O RAMAKRISHNAN, AYIKKARA HOUSE, PULLAZHY POST,
          THRISSUR DISTRICT., PIN - 680012
    2     JAYASREE
          AGED 56 YEARS
          W/O SANKARANARAYANAN, AYIKKARA HOUSE, PULLAZHY POST,
          THRISSUR DISTRICT., PIN - 680012
          BY ADV P.K.RAVISANKAR


RESPONDENT/S:

    1     MURIYAD SERVICE COOPERATIVE BANK LIMITED 479
          REPRESENTED BY ITS SECRETARY, MURIAYAD POST, THRISSUR
          DISTRICT, PIN - 680683
    2     ARBITRATOR (SPECIAL SALE OFFICER)
          IRINJALAKUDA TOWN COOPERATIVE BANK, OFFICE OF THE
          ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), MUKUNDAPURAM, IRINJALAKUDA, THRISSUR
          DISTRICT, PIN - 680121
    3     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DISTRICT, PIN -
          680121
          BY ADV P.C SASIDHARAN
          SMT. C.S. SHEEJA, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21709 OF 2023         2



                              JUDGMENT

Petitioners suffered Exts.P1 to P5 awards in proceedings

under Section 69 of the Kerala Co-operative Societies Act,

1969. The petitioners preferred Exts.P6 to P10 applications

for setting aside the ex parte awards. The said applications

have been rejected by the arbitrator on the ground that the

arbitrator has no power to set aside the ex parte order, even

if cause is shown.

2. Learned counsel appearing for the petitioners

would submit that the matter stands covered in favour of the

petitioners by the judgment of this Court in Joseph A.R and

Others V. Co-operative Arbitration Court, Kozhikode

and Others [2013 KHC 776] , which has been followed in

the judgment dated 11.07.2023 in W.P.(C.) No.16209 of 2023.

3. Heard the learned counsel appearing for the

respondent bank also. Learned counsel appearing for the

respondent bank would submit that the contentions taken by

the petitioners in the applications for setting aside the ex

parte award is not sustainable as sufficient notice of the

proceedings were given to the petitioners.

4. Having heard the learned counsel appearing for

the petitioners and the learned counsel appearing for the

respondent bank and taking into consideration the law laid

down by this Court in Joseph A.R (Supra), I am of the view

that the petitioners are entitled to succeed. The applications

filed for setting aside the ex parte award (Exts.P6 to P10)

could not have been rejected on the ground that the arbitrator

has no power to consider the applications for setting aside the

ex parte awards. Therefore, Exts.P11 to P15 orders are set

aside and Exts.P6 to P10 applications are restored to the file

of the arbitrator. He shall decide the applications, in

accordance with the law, after affording an opportunity of

hearing to the petitioners as also to the respondent bank. I

make it clear that I have not expressed any opinion as to

whether the petitioners have shown sufficient cause of setting

aside the ex parte orders and that is a matter which will have

to be adjudicated by the arbitrator.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 21709/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 25-2-2022 IN ARC NO. 434 OF 2022 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE AWARD DATED 25-2-2022 IN ARC NO. 435 OF 2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE AWARD DATED 25-2-2022 IN ARC NO. 436 OF 2022 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE AWARD DATED 25-2-2022 IN ARC NO. 437 OF 2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE AWARD DATED 25-2-2022 IN ARC NO. 440 OF 2022 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE AWARD FILED BY THE PETITIONERS IN ARC NO. 434 OF 2022 Exhibit P7 TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE AWARD FILED BY THE PETITIONERS IN ARC NO. 435 OF 2022 Exhibit P8 TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE AWARD FILED BY THE PETITIONERS IN ARC NO. 436 OF 2022 Exhibit P9 TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE AWARD FILED BY THE PETITIONERS IN ARC NO. 437 OF 2022 Exhibit P10 TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE AWARD FILED BY THE PETITIONERS IN ARC NO. 440 OF 2022 Exhibit P11 TRUE COPY OF THE LETTER NOS. SSO KARALAM 695/2023 DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P12 TRUE COPY OF THE LETTER NOS. SSO KARALAM 696/2023 DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P13 TRUE COPY OF THE LETTER NOS. SSO KARALAM 697/2023 DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P14 TRUE COPY OF THE LETTER NOS. SSO KARALAM 694/2023 DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE LETTER NOS. SSO KARALAM 693/2023 DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT

RESPONDENT EXHIBITS

Exhibit R1(a) True copy of the Acknowledgment Cards evidencing the serving of the Award in ARC 434 of 2022 Exhibit R1(b) True copy of the Acknowledgment Cards in relation to the serving of Award in ARC 435 of 2022 Exhibit R1(c) True copy of the Acknowledgment Cards in relation to the Award in ARC 436 of 2022 Exhibit R1(d) True copy of the Acknowledgment Cards in relation to the Award in ARC 437 of 2022 Exhibit R1(e) True copy of the Acknowledgment Cards in relation to the Award in ARC 440 of 2022