Rajeevan vs The Joint Registrar For Co ...
2023 Latest Caselaw 4204 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                      WP(C) NO. 11441 OF 2023
PETITIONERS:
    1     RAJEEVAN
          AGED 42 YEARS
          S/O CHANDRAN, THORATTIL HOUSE, VADAKKUMURI DESOM,
          VARANTHARAPPILLY VILLAGE, CHALAKUDY TALUK,
          THRISSUR, PIN - 680306

    2    SHARADHA
         AGED 67 YEARS
         W/O CHANDRAN, THORATTIL HOUSE, VADAKKUMURI DESOM,
         VARANTHARAPPILLY VILLAGE, CHALAKUDY TALUK,
         THRISSUR, PIN - 680306

         BY ADV RAJESH CHAKYAT


RESPONDENT/S:

    1    THE JOINT REGISTRAR FOR CO OPERATIVE SOCIETY
         (GENERAL)COLLECTORATE, CIVIL LINE, AYYANTHOLE
         ,THRISSUR, PIN - 680003

    2    THE ASSISTANT REGISTRAR OF CO OPERATIVE
         SOCIETY( GENERAL)
         AYYANTHOLE, THRISSUR, PIN - 680003

    3    THE SPECIAL SALES OFFICER
         KUTTANELLUR SCB GROUP, OFFICER OF THE ASSISTANT
         REGISTRAR OFFICE (GENERAL), THRISSUR, PIN - 680014

    4    KUTTANELLUR SERVICE CO OPERATIVE BANK LTD NO.758
         KUTTANELLUR.P.O., THRISSUR. REPRESENTED BY IT
         SECRETARY, PIN - 680014


OTHER PRESENT:

         SMT. C S SHEEJA (SR GP)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.11441/2023                  2

                                 JUDGMENT

The 1st petitioner availed a loan from the 4th respondent Bank. The

2nd petitioner is the surety. On default being committed, proceedings were

initiated against the petitioners under the provisions of the Kerala Co-

operative Societies Act, 1969 and an award was obtained determining the

amount due from the petitioners. The petitioners did not partake in the

proceedings and the award was set ex parte. The petitioners have filed

Ext.P2 application for setting aside the ex parte order, Ext.P3 application

for condoning the delay and Ext.P4 application for seeking stay of

proceedings.

2. The learned counsel for the petitioners would submit that the

3rd respondent before whom Exts.P2, P3 and P4 are pending may be

directed to consider and dispose of the same in accordance with law. It is

also submitted that only a demand notice has been issued pursuant to the

award and no further proceedings for execution have been taken. It is also

pointed out that 3rd respondent was also the Arbitrator, who passed the

award in this case.

3. Having heard the learned counsel appearing for the petitioners

and the learned Senior Government Pleader appearing for respondents 1

and 2, I am of the view that this writ petition can be disposed of without

notice to respondents 3 and 4.

Accordingly, this writ petition will stand disposed of directing the 3rd

respondent to consider and pass orders on Exts.P2, P3 and P4

applications, in accordance with law, after affording an opportunity of

hearing to the petitioners and to the 4 th respondent, within a period of two

months from the date of receipt of a certified copy of this judgment. Till

orders are passed on Exts.P2, P3 and P4, further proceedings for execution

of the award in question shall be kept in abeyance. It is made clear that

orders on merits need be issued on Exts.P2 and P4 only if the 3 rd

respondent finds sufficient reason to condone the delay in filing the

application for setting aside the ex parte award.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 11441/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17.03.2023

Exhibit P2 A TRUE COPY OF THE PETITION DATED 18.03.2023 TO SET ASIDE EXPARTE AWARD FILED IN A.R.C.NO. 365/2020 BEFORE THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF THE PETITION DATED 18.03.2023 FOR CONDONE THE DELAY IN FLING PETITION TO SET ASIDE EXPARTE AWARD IN A.R.C. NO. 365/2020 BEFORE THE 3RD RESPONDENT

Exhibit P4 A TRUE COPY OF THE PETITION DATED 18.03.2023 FOR STAY THE RECOVERY PROCEEDING PURSUANT TO AWARD IN A.R.C.NO.365/2020 BEFORE THE 3RD RESPONDENT