The Bank Employees Co-Operative ... vs The Arbitration & Execution ...
2023 Latest Caselaw 10076 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR. JUSTICE SATHISH NINAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     WP(C) NO. 12888 OF 2023
PETITIONER:

         THE BANK EMPLOYEES CO-OPERATIVE SOCIETY
         LTD.NO.PT. 109, PATHANAMTHITTA,
         EXCEL COMPLEX, COLLEGE ROAD,
         PATHANAMTHITTA DISTRICT, REPRESENTED
         BY ITS SECRETARY., PIN - 689645
         BY ADVS.
         ARUN CHANDRAN
         HARIMOHAN
         ANJALY T.A


RESPONDENTS:

    1    THE ARBITRATION & EXECUTION INSPECTOR,
         ASSISTANT REGISTRAR (GENERAL) OFFICE,
         KOZHENCHERRY POST, PATHANAMTHITTA DISTRICT,
         PIN - 689645
    2    V T VARGHESE,
         S/O., U.M THOMAS, AGED 51 YEARS RESIDING AT
         VELLATHETTHU HOUSE, KAKKUDUMAN POST RANNY,
         PATHANAMTHITTA DISTRICT, PIN - 689711
         BY ADVS.
         R1 BY GOVERNMENT PLEADER SMT.RESMI THOMAS.
         R2 BY SRI.VISHAK JOHNSON K & S.NITHIN (ANCHAL)


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                    Sathish Ninan, J.
           ==============================
               WP(C) No.12888 of 2023
             ==========================
     Dated this the 18th day of September, 2023

                                 JUDGMENT

The writ petition is filed seeking the

following relief :

" Issue a writ in the nature of Mandamus or any other writ, order or direction to the 1st respondent to take up E.P No.52/2019 in Exhibit-P6 Award passed in File No.814 of 2016 and expediate the Execution Proceedings in accordance with law within a stipulated time frame, without any further delay."

2. As could be noticed, the proceedings

commenced in the year 2016. The award amount is yet

to be realized. Necessarily, the recovery

proceedings have to be expediated.

Resultantly, the writ petition is disposed of

directing the first respondent to expediate the

recovery proceedings and take the same to a logical WP(C) No.12888 of 2023

conclusion within a period of three months from

today.

Sd/- Sathish Ninan, Judge

amk APPENDIX OF WP(C) 12888/2023

PETITIONER'S EXHIBITS :

Exhibit - P1 A TRUE COPY OF THE DOCUMENTS RELATING TO THE LOAN NO: 199/12-13 AVAILED BY THE 2ND RESPONDENT FROM THE PETITIONER SOCIETY

Exhibit - P2 A TRUE COPY OF THE VOUCHER ISSUED BY THE PETITIONER SOCIETY TO THE 2ND RESPONDENT DATED 19.03.2013

Exhibit - P3 A TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND RESPONDENT TO THE PETITIONER SOCIETY DATED 19.03.2013

Exhibit - P4 A TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER SOCIETY TO THE EMPLOYER BANK OF THE 2ND RESPONDENT DATED 28.11.2017

Exhibit - P5 A TRUE COPY OF THE COMMUNICATION NO. HREO/CST-

4235/86471/2018 ISSUED BY THE FEDERAL BANK TO THE PETITIONER SOCIETY DATED 04.12.2018

Exhibit - P6 A TRUE COPY OF THE AWARD PASSED IN FILE NO. 814 OF 2016 DATED 19.10.2017

Exhibit - P7 A TRUE COPY OF THE PRESALE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 21.06.2022