Kerala High Court
Rajeevan vs The Joint Registrar For Co ... on 31 March, 2023
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. 11555 OF 2023
PETITIONER:
RAJEEVAN
AGED 42 YEARS
S/O CHANDRAN, THORATTIL HOUSE, VADAKKUMURI DESOM,
VARANTHARAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR,
PIN - 680306
BY ADV RAJESH CHAKYAT
RESPONDENTS:
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
KUTTANLLUR SCB GROUP, OFFICER OF THE ASSISTANT
REGISTRAR OFFICE (GENERAL), THRISSUR, PIN - 680014
4 KUTTANLLUR SERVICE CO OPERATIVE BANK LTD NO.758
KUTTANLLUR.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.11555/2023 2
JUDGMENT
The petitioner availed a loan from the 4 th 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 was obtained determining the amount due from the petitioner. The
petitioner did not partake in the proceedings and the award was set
ex parte. The petitioner has 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 petitioner would submit that the 3 rd
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 petitioner
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
petitioner and to the 4th 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) 11555/2023
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. 378/2020 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.378/2020
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.378/2020 BEFORE THE 3RD
RESPONDENT
