Varghese M.A vs Kalladikkode Service ...
2023 Latest Caselaw 3476 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                    WP(C) NO. 10656 OF 2023
PETITIONERS:

    1       VARGHESE M.A.
            AGED 59 YEARS
            S/O. ANTONY,
            MATHIPPURAM HOUSE,
            EDAKKURSSY, KARIMBA. P.O.,
            PIN - 678597

    2       BEENA VARGHESE
            AGED 53 YEARS
            W/O. VARGHESE,
            MATHIPPURAM HOUSE,
            EDAKKURSSY,
            KARIMBA. P.O.,
            PIN - 678597

            BY ADV. SRI. NOBLE MATHEW
RESPONDENTS:

    1       KALLADIKKODE SERVICE CO-OPERATIVE BANK LTD.,
            NO.P.7489, REPRESENTED BY ITS SECRETARY,
            SRI. BINOY JOSEPH.,
            MANNARKKAD,
            PALAKKAD DISTRICT.,
            PIN - 678582

    2       THE ARBITRATOR/SPECIAL OFFICER,
            KALLADIKKODE SERVICE CO-OPERATIVE BANK LTD.
            MANNARKKAD,
            PALAKKAD DISTRICT.,
            PIN - 678582

    3       THE SPECIAL SALE OFFICER
            KALLADIKKODE SCB GROUP,
            ASST. REGISTRAR (GENERAL) OF CO.OP. SOCIETIES,
            MANNARKKAD,
            PALAKKAD DISTRICT.,
            PIN - 678582


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   24.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 10656/2023               2




                               JUDGMENT

This writ petition is filed by the petitioners seeking the

following reliefs:-

"(a) Call for the records in the above case;

(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to consider Ext.P2 and pass fresh awards, granting benefits to the petitioners under the One Time Settlement Scheme;

(c) Issue a writ in the nature of prohibition, restraining the 3rd respondent from taking any further action pursuant to Exhibit P1, pending disposal of the above WP(C).

(d) Dispense with filing of the translation of vernacular documents;"

2. The subject issue relates to an award passed by

the Arbitrator as per the provisions of the Kerala Co-

operative Societies Act, evident from Ext.P1. According to

the petitioners, same was passed ex-parte and in order to

set aside the same, petitioners have submitted Ext.P2

application in the year 2023 before the Assistant Registrar,

Mannarkkad Co-operative Society, which is pending

consideration. It is further pointed out that pending the

application to set aside the award, coercive action is being

taken. The sole relief sought for by the petitioners is

consideration of Ext.P2 application.

3. In the light of the facts and circumstances, I am

of the view that notice to the respondents can be dispensed

with.

Therefore, after having heard learned counsel for the

petitioners, Sri. Noble Mathew, the writ petition is disposed

of directing the second respondent to consider Ext.P2

application submitted by the petitioners, at the earliest, at

any rate, within two weeks from the date of receipt of a

copy of this judgment.

Sd/-

SHAJI P. CHALY JUDGE

DCS/24.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 15.3.2022 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS TO SET ASIDE THE EXPARTE AWARD AND TO REVIEW THE AWARD DATED 17.3.2023.