The Chenkara Ksheerolpathaka ... vs The Co-Operative Arbitration ...
2023 Latest Caselaw 10396 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                             WP(C) NO. 23858 OF 2023
PETITIONER:

              THE CHENKARA KSHEEROLPATHAKA CO-OPERATIVE SOCIETY LTD NO.I-
              157(D), APCOS PO, CHENKARA, KUMILY, IDUKKI DISTRICT,
              PIN - 685533, REP. BY ITS SECRETARY.

              BY ADVS.
              JAIBY PAUL
              ANITA GLENDA PHILIP



RESPONDENTS:

     1        THE CO-OPERATIVE ARBITRATION
              COURT(SOUTHERN),KAYTHAMUKKU,TRIVANDRUM, PIN - 695024

     2        PRASANNA V.S
              THEKKUMKANDATHIL PUTHENPURACKAL, PATHUMURI, VELLARAMKUNNU
              P.O, KUMILY, IDUKKI DISTRICT, PIN - 685533

              BY ADV BALAGANGADGARAN UNIKKAT



OTHER PRESENT:

              SMT. RESMI THOMAS. GOVT. PLEADER




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            = = = = = = = = = = = = = = = = = =
                  W.P.(C) No.23858 of 2023
            = = = = = = = = = = = = = = = = = =
         Dated this the 30th day of September, 2023

                            J U D G M E N T

Disciplinary proceedings against the second

respondent who was the Secretary of the petitioner

Society was challenged by the second respondent before

the Arbitration Court in ARC No.60/2018. In the ARC,

the plaintiff-second respondent herein filed an

interlocutory application as IA 1/2023 praying that the

validity of the enquiry may be decided as a preliminary

issue. The contention was based on the judgment of this

Court in Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese

2020 (4) KLT 129 (DB) which held that the Sub Committee

does not have the power to issue the memo of charges.

The writ petition was filed by the Society seeking a

direction to the Arbitration Court to proceed with the

trial and to consider the interlocutory application

along with the ARC.

W.P.(C) No.23858 of 2023

2. Pending the writ petition, a Full Bench of this

Court in Mattanur Co-operative Rural Bank Ltd. v. Co-operative

Arbitration Court (2023 (5) KLT 312 (F.B) held that Kodanchery's

case supra does not lay down the correct law and that

the disciplinary Sub Committee is competent to issue the

memo of charges.

In the light of the above, the Arbitration Court is

to proceed with the trial and dispose of the ARC on the

merits. The ARC shall be disposed of as expeditiously as

possible and at any rate within a period of two months

from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 23858/2023

PETITIONER EXHIBITS

Exhibit-P 1 TRUE COPY OF THE WRITTEN STATEMENT IN ARC NO.60 OF 2018 DATED 09-02-2021 FILED BY THE PETITIONER SOCIETY.

Exhibit -P2 TRUE COPY OF THE PROOF AFFIDAVIT DATED 16-04-2021 FILED BY THE 2ND RESPONDENT.

Exhibit-P3 TRUE COPY OF THE I.A. NO. 1 OF 2023 DATED 10-03-2023 FILED BY THE 2ND RESPONDENT STATING THAT THE CHARGE MEMO ISSUED ON BEHALF OF THE PETITIONER SOCIETY IS UNSUSTAINABLE .

Exhibit-P 4 TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A NO.1 OF 2023 DATED 23-05-2023 FILED BY THE PETITIONER SOCIETY RAISING THE OBJECTION.

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