Shali Prasad vs The Assistant Registrar Of ...
2023 Latest Caselaw 2776 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE GOPINATH P.
  WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                    WP(C) NO. 2522 OF 2023
PETITIONER/S:

          SHALI PRASAD
          AGED 52 YEARS
          W/O LATE PRASAD,RESIDING AT KUZHIKKATTIL HOUSE,
          ORAVUMPADAM, CHUVANNAMANNU, THRISSUR, PIN - 680652

          BY ADVS.
          T.C.SURESH MENON
          B.DEEPAK



RESPONDENT/S:

    1     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL)
          THRISSUR, PIN - 680003

    2     PEECHI SERVICE CO-OPERATIVE BANK LIMITED
          NO.R-935, PATTIKKAD P.O., THRISSUR,REPRESENTED BY
          ITS SECRETARY., PIN - 680652

    3     THE SPECIAL SALE OFFICER
          CHAZHOOR SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF
          THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),THRISSUR, PIN - 680003

          BY ADVS.
          Nisha George
          ANN MARIA FRANCIS(K/001345/2016)




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2522/2023                     2

                              JUDGMENT

The petitioner is the widow of late Prasad. The petitioner has

approached this Court being aggrieved by the fact that Ext.P2 award,

under the provisions of Section 69 of the Kerala Co-operative Societies

Act, 1969, has been issued determining the amount payable by the

petitioner on account of a loan availed by her late husband. According

to the petitioner, she is totally unaware of any loan and she has not

executed any document which would make her liable for repayment of

the liability determined vide Ext.P2 order. The learned counsel for the

petitioner also submits that there is yet another award, a copy of which

is not available with the petitioner dated 13.12.2022, where the

petitioner is shown as the 'borrower'. It is submitted that the petitioner

has already filed applications for setting aside the ex parte award. It is

submitted that the petitioner has a substantial case on merits and

therefore, the 1st respondent may be directed to consider the

applications for setting aside the ex parte award.

2. The learned counsel appearing for the respondent Bank

would submit that the the contention taken by the petitioner that she

had no connection with the loans in question is absolutely untenable. It

is submitted that the documents produced along with the counter

affidavit indicate that the petitioner is clearly liable for the amounts in

question.

3. Having heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent Bank, I am of the opinion

that this writ petition can be disposed of directing that Exts.P5 and P6

applications filed by the petitioner for setting aside the ex parte award

obtained against her shall be considered and disposed of by the 1 st

respondent, after affording an opportunity of hearing to the petitioner

and to the respondent Bank, within a period of two months from the

date of receipt of a certified copy of this judgment. If the petitioner is

required to file any application for condonation of delay in filing the

applications to set aside the ex parte awards, the petitioner shall be

permitted to do so. Till such time, the orders are passed on Exts.P5 and

P6 applications, any proceedings for recovery of amounts due under the

awards obtained against the petitioner shall be kept in abeyance. The 1 st

respondent shall endeavour to complete the proceedings afresh, (if the

applications for setting aside the ex parte awards are allowed) within a

period of three months from the date on which orders are passed on

Exts.P5 and P6 applications as directed above.

sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 2522/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT, DATED 30.12.2022.

Exhibit-P2 TRUE COPY OF THE EX-PARTE AWARD PASSED IN ARC NO.4796/2020 BY THE 1ST RESPONDENT, DATED 31.10.2022.

Exhibit-P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 3RD RESPONDENT, DATED 2.1.2023.

Exhibit-P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT, DATED 2.1.2023.

RESPONDENT EXHIBITS

Exhibit-R2(a) A true copy of the Application dated 13.03.2014 submitted by the writ petitioner.

Exhibit-R2(b) A true copy of the application dated 13.03.2014 submitted by the writ petitioner.

Exhibit-R2(c) A true copy of the Ledger book showing the sanctioning of loan to the Petitioner dated 13.03.2014.

Exhibit-R2(d) A true copy of the loan agreement dated 13.03.2014.

Exhibit-R2(f) A true copy of the Loan Application of the writ petitioner dated 12.03.2014

Exhibit-R2(g) A true copy of the relevant page of the ledger book dated 12.03.2014.

Exhibit-R2(h) A true copy of the bond signed by the writ petitioner dated 12.03.2014.

Exhibit-R2(i) A true copy of acknowledgement card showing receipt of the award by the writ petitioner in ARC No. 4796 of 2020 on

28.11.2022.

Exhibit-R2(e) A true copy of the Plaint filed before the 1st respondent along with the summons issued by the 1st respondent to the Petitioner dated 01.06.2019

PETITIONER EXHIBITS

Exhibit P5 True copy of the application to set aside the ex-parte award in ARC No.4796/2020, dated 28.11.2022.

Exhibit P7 True copy of the summons in ARC No.229/2019 obtained from the office of the 2 nd respondent, dated 1.6.2019.

Exhibit P6 True copy of the application to set aside the ex-parte award in ARC No.229/2019, dated 22.2.2023.