Rejikumar vs State Of Kerala, Represented By ...
2023 Latest Caselaw 9337 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       WP(C) NO. 28637 OF 2023
PETITIONER:

            REJIKUMAR,
            AGED 53 YEARS,
            S/O. K.G. SADHANANDAN, RESIDING AT KALEMAM POIKAYIL
            HOUSE, MADATHUMBHAGOM THEKKEKKARA, KALLOOPPARA VILLAGE,
            MALLAPPALLY TALUK, PATHANMATHITTA DISTRICT,
            PIN - 689 583.
            BY ADVS.
            P.HARIDAS
            BIJU HARIHARAN
            SHIJIMOL M.MATHEW
            P.C.SHIJIN
            ROSHIN MARIAM JACOB


RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY SECRETARY
            TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATIVE
            SOCIETIES, STATE SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695 033.

    2       THE KERALA CO-OPERATIVE TRIBUNAL, REPRESENTED BY ITS
            SECRETARY, JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD -
            POOJAPPURA ROAD, THIRUVANANTHAPURAM, PIN - 695 014.

    3       KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A707,
            REPRESENTED BY ITS SECRETARY, HEAD OFFICE KAVIYOOR.
            PATHANAMTHITTA, PIN - 689 582.

    4       SECRETARY, KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.
            A707, HEAD OFFICE KAVIYOOR, PATHANAMTHITTA,
            PIN - 689 582.

    5       MANAGER, THOTTABHAGOM BRANCH, KAVIYOOR SERVICE CO-
            OPERATIVE BANK LTD. NO. A707, HEAD OFFICE KAVIYOOR,
            PATHANAMTHITTA, PIN - 689 582.

            SMT. C S SHEEJA (SR GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28637 OF 2023
                                   2



                           JUDGMENT

The petitioner has preferred Ext.P5 appeal along with an

interlocutory application against Ext.P4 award in proceedings

under Section 69 of the Kerala Co-operative Societies Act, 1969.

The petitioner apprehends that recovery proceedings may be

initiated and execution petition may be filed to execute Ext.P4

award pending consideration of the Appeal by the Co-operative

Tribunal. The only prayer made by the petitioner is for a direction

that recovery proceedings to enforce Ext.P4 award shall not be

taken pending consideration of the stay petition by the Tribunal.

2. The learned Government Pleader would submit that

Ext.P5 appeal has not yet been numbered and this may be on

account of the fact that the petitioner has not paid the necessary

fee on the appeal.

3. The learned counsel for the petitioner submits that the

fee payable on the appeal shall be paid [if not already paid] within

a period of ten days from today.

4. Having heard the learned counsel for the petitioner

and the learned Government Pleader, I am of the opinion that this WP(C) NO. 28637 OF 2023

writ petition can be disposed of without notice to respondents 3, 4

and 5 as no order to the prejudice of respondents 3, 4 and 5 is

being issued by this Court.

This writ petition will stand disposed of directing the 2 nd

respondent Tribunal to consider and pass orders on the stay

petition filed along with Ext.P5 appeal, within a period of six

weeks from the date of receipt of a certified copy of this judgment,

after affording an opportunity of hearing to the 3 rd respondent as

well. Till such time as orders are passed on the stay petition as

above, any recovery proceedings to enforce Ext.P4 award shall be

kept in abeyance. The petitioner will get the benefit of this order

only if Ext.P5 appeal is filed in time and the petitioner has also

paid the necessary fee on the appeal. The fee, if any, payable by

the petitioner [if not already paid] shall be paid within a period of

ten days from today.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 28637 OF 2023

APPENDIX OF WP(C) 28637/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSBOOK OF THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT BANK TO PETITIONER DATED 20.2.23 ASKING HIM TO LIQUIDATE THE LIABILITY OF AN AMOUNT OF RS.

35,88,493/-

Exhibit P3 TRUE COPY OF THE PLAINT NO. A 707 AND SUMMONS DATED 08.05.2023 RECEIVED BY THE PETITIONER Exhibit P4 TRUE COPY OF THE AWARD ISSUED BY THE ARBITRATOR DATED 25.05.2023 IN FILE NO.437/2023 Exhibit P5 TRUE COPY OF THE APPEAL ALONG WITH AN INTERLOCUTORY APPLICATION PREFERRED BY THE PETITIONER DATED 16.08.2023