Kanakamma vs Kaduthuruthy Regional Service ...
2023 Latest Caselaw 2777 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. 31415 OF 2022
PETITIONER:

          KANAKAMMA,
          AGED 64 YEARS,
          W/O RAMAN, RESIDING AT PUTHENPURA(H),AYAMKUDI KARA,
          MUTTUCHIRA VILLAGE, VAIKOM, AYAMKUDI PO, PIN:686 613.
          BY ADV V.VISAL AJAYAN


RESPONDENTS:

    1     KADUTHURUTHY REGIONAL SERVICE CO-OPERATIVE BANK
          LTD NO.4061, KAADUTHURUTHY PO, KOTTAYAM, PIN:686 604,
          REPRESENTED BY IT'S SECRETARY.
    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENRAL),ARBITRATION AND EXECUTION GENERAL OFFICE,
          VAIKOM,PIN: 686 141.
          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31415 OF 2022

                               2




                            JUDGMENT

The petitioner availed a loan from the 1st respondent

Bank. On default being committed, proceedings were

initiated against the petitioner under the provisions of the

Kerala Co-operative Societies Act, 1969 and an award has

been obtained determining the amount due from the

petitioner. The award was ex-parte. The petitioner has filed

Ext.P3 application seeking to set aside the ex-parte award.

According to the petitioner, the petitioner came to be set

ex-parte on account of the circumstances mentioned in the

affidavit. This writ petition has been filed seeking a direction

to the 2nd respondent to consider and pass orders on Ext.P3

application, within a time period to be fixed by this Court.

2. The learned counsel appearing for the 1 st

respondent Bank submits that the petitioner is also party to

another arbitration case, which is pending before the 2 nd

respondent as ARC No.57 of 2023. It is submitted that the

petitioner is appearing in that case. It is submitted that a

direction may be issued to the 2nd respondent to complete

the proceedings afresh, if the 2nd respondent is inclined to WP(C) NO. 31415 OF 2022

set aside the ex-parte award within the shortest possible

time.

3. Having heard the learned counsel for the

petitioner and the learned counsel appearing for the 1 st

respondent Bank, this writ petition will stand disposed of

directing the 2nd respondent to consider and pass orders on

Ext.P3 application for setting aside the ex-parte award in

ARC No.402 of 2022. Any proceedings for recovery of

amounts due under the award shall be taken only after the

2nd respondent considers Ext.P3 application. If the 2 nd

respondent decides to set aside the ex-parte award, he shall

endeavour to complete the proceedings afresh, after

affording an opportunity of hearing to the petitioner and to

the 1st respondent Bank, within a period of three months

from the date on which the ex-parte award is set aside.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 31415 OF 2022

APPENDIX OF WP(C) 31415/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN ARC NO.402/2022 BEFORE THE 2ND RESPONDENT DATED 31.12.2021.

Exhibit P2 TRUE COPY OF SUMMONS ISSUED BY THE 2ND RESPONDENT IN ARC NO.402/2022 DATED NIL.

Exhibit P3 TRUE COPY OF THE APPLICATION TO SET ASIDE THE EX-PARTE AWARD FILED BY THE PETITIONER IN ARC NO.402/2022 BEFORE THE 2ND RESPONDENT DATED 13.08.2022. Exhibit P4 TRUE COPY OF THE RECEIPT OF THE REGISTERED POST DATED 18.08.2022.