Saji.K.G vs The Aanickad Regional Farmers ...
2023 Latest Caselaw 7355 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                        WP(C) NO. 20904 OF 2023
PETITIONER/S:

            SAJI.K.G,
            AGED 52 YEARS
            S/O.GOVINDAN, AGED 52 YEARS, KANNAMALA HOUSE,
            MANALUNKAL.P.O, AANICKAD , AKALAKUNNAM VILLAGE,
            KOTTAYAM TALUK,, PIN - 686503
            BY ADVS.
            P.M.JOSHI
            SIJI K.PAUL
            BONNY BABY
            ELIZABETH KOSHY
            PRASOON.K.P
            SRUTHI SUNILKUMAR


RESPONDENT/S:

    1       THE AANICKAD REGIONAL FARMERS CO-OPERATIVE LTD
            NO.3867, AANICKAD,PALLICKATHODE,
            KOTTAYAM TALUK, PIN-686 503
            REPRESENTED BY ITS SECRETARY/MANAGER
    2       THE ASSISTANT REGISTRAR(GENERAL)
            CO-OPERATIVE SOCIETIES, KOTTAYAM TALUK,
            PIN - 686503



            SRI,. SHAJI THOMAS (FOR RESPONDENT NO.1)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20904 OF 2023             2



                                JUDGMENT

Petitioner has approached this Court, seeking a limited

relief. He prays for a direction to the 1 st respondent to issue copy

of the award obtained in proceedings under Section 69 of the Co-

Operative Societies Act, 1969 as also the copy of the petition and

supporting documents filed by the bank before the arbitrator in

support of its claim.

2. Learned counsel appearing for the 1st respondent bank

would submit that this writ petition is nothing but an abuse of

process of Court. It is submitted that the petitioner was clearly

aware of the arbitration proceedings and had even filed a petition

before the Hon'ble Chief Minister, after the award was obtained

by the respondent bank. It is submitted that filing of the writ

petition is only an attempt to delay the proceedings further, and

at a time when an execution petition has already been filed by the

respondent bank. However, he submits that attested copies of the

award and copy of the petition and documents filed before the

arbitrator can be given to the petitioner, if the petitioner

approaches the 1st respondent with a request. The statement

made as above by the learned counsel appearing for the

respondent bank is recorded.

Accordingly, the writ petition will stand disposed of,

directing the respondent bank to issue attested copies of the

award and copies of the petition and the documents filed by the

bank before the arbitrator, on request, within a period of two

weeks from today.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 20904/2023

PETITIONER EXHIBITS ExhibitP1 THE TRUE COPY OF THE NOTICE DATED 16-6-2022 RECEIVED FROM THE 2ND RESPONDENT ExhibitP2 THE TRUE COPY OF THE LETTER DATED 20-6-2023 ExhibitP3 THE TRUE COPY OF THE POSTAL RECEIPT DATED 21-

6-2023