Ramesh vs 1. The Senior Inspector/Special ...
2023 Latest Caselaw 3052 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                              WP(C) NO. 2646 OF 2023
PETITIONER:

                  RAMESH
                  AGED 45 YEARS
                  CHOOLISHERY DESOM, CHOOLISHERY VILLAGE TRISSUR TALUK,
                  THRISSUR DISTRICT, PIN - 680541

                  BY ADVS.
                  K.R.ARUN KRISHNAN
                  DEEPA K.RADHAKRISHNAN
                  JISSMON A KURIAKOSE
                  SANAL C.S



RESPONDENTS:

       1          1. THE SENIOR INSPECTOR/SPECIAL SALE OFFICER
                  NADATHARA MOOSEPET GROUP, OFFICE OF THE ASST.REGISTRAR
                  OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR,, PIN -
                  680751

       2          MOOSEPETT SERVICE CO-OPERATIVE BANK LTD NO.759
                  REPRESENTED BY ITS SECRETARY P.O., HAVING OFFICE AT
                  MOOSEPETT ROAD, CHELATTUKARA, THRISSUR DISTRICT, PIN -
                  680005

                  BY ADVS.
                  SAJU S
                  A.V.SAJAN(K/384/2001)
                  ANJANADEVI.G(K/269/2014)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.2646/2023                    2

                             JUDGMENT

The petitioner availed a loan from the 2nd respondent Bank on

9.6.2015. The loan was for an amount of Rs.18 lakhs. On default

being committed, proceedings were initiated against the petitioner

under the Kerala Co-operative Societies Act, 1969 and an award was

passed determining the amounts due from the petitioner.

2. It is the case of the petitioner that the petitioner was not

aware of the arbitration proceedings and even a copy of the award has

not been served on the petitioner. It is the specific case of the

petitioner that the petitioner was not permitted to participate in the

proceedings before the Arbitrator.

3. The learned counsel appearing for the petitioner would

submit that the petitioner has also made a prayer to permit the

petitioner to clear the liability in instalments. The petitioner is not

pressing for that relief and the respondents may be directed to serve a

copy of the award on the petitioner so that the petitioner may be able

to challenge the same before the Co-operative Arbitration Tribunal.

4. The learned counsel appearing for the respondents would

submit that there is no objection in a direction being issued to serve a

copy of the award to the petitioner.

Having heard the learned counsel for the petitioner and the

learned counsel appearing for the respondents, this writ petition will

stand disposed of directing the 1st respondent to issue a copy of the

award in ARC No.3113/2019 to the petitioner within a period of ten

(10) days from today.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 2646/2023

PETITIONER EXHIBITS

Exhibit P1 . A TRUE COPY OF THE NOTICE ISSUED BY THE SPECIAL SALE OFFICER / ARBRITRATOR ) ASKING FOR ONE TIME SETTLEMENT ON THE DATED OF 24/02/2022

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT THE SENIOR INSPECTOR/SPECIAL SALE OFFICER NADATHARA MOOSPET GROUP

Exhibit P3 TRUE COPY OF THE APPLICATION ALONG WITH AFFIDAVIT DATED 19.01.2023

Exhibit P4 . TRUE COPY OF THE NOTICE BY THE CO-

OPERATIVE SOCIETY JOINT REGISTRAR DATED 18.02.2022

Exhibit P5 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 27.07.2022