Baby vs The Assistant ...
2023 Latest Caselaw 9643 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                  WP(C) NO. 29527 OF 2023
PETITIONER:
          BABY
          AGED 55 YEARS
          S/O. RAGAHAVAN,THAREPPARAMBIL HOUSE,
          THALAYAZHAM.P.O, VAIKOM, KOTTAYAM DISTRICT, PIN -
          686607
          BY ADV M.RETHEESHKUMAR


RESPONDENTS:

    1    THE ASSISTANT REGISTRAR(CO-OPERATION)
         VAIKOM, OFFICE OF THE ASSISTANT REGIATRAR,
         VAIKOM,KOTTAYAM DISTRICT, PIN - 686141
    2    THE SPECIAL SALE OFFICER
         ULLALA SCB GROUP, OFFICE OF THE ASSISTANT
         REGIATRAR, VAIKOM,KOTTAYAM DISTRCT, PIN - 686141
    3    THE ULLALA SERVICE CO-OPRATIVE BANK LTD NO-1142
         THALAYAZHAM P.O,VAIKOM,KOTTAYAM DISTRICT
         REPRESENTED BY ITS SECRETARY, PIN - 686141
         BY ADVS. SMT.C.S.SHEEJA, SENIOR GOVERNMENT
         PLEADER
         ADVS.SRI.Julian Xavier.J Joseph,SRI.FIROZ
         K.ROBIN(F-15)
         SRI.ROY JOSEPH(K/55/2006)
         SRI.ANIES MATHEW(K/952/2007)
         SRI.NIRMAL KURIEN EAPEN(K/000151/2022)


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.29527 OF 2023
                             -: 2 :-




                   SATHISH NINAN, J.
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               W.P.(C) No.29527 OF 2023
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      Dated this the 8th day of September, 2023

                          JUDGMENT

Petitioner is faced with execution proceedings. The

grievance of the petitioner is that the proceedings for

recovery is being taken pending consideration of an

application to set aside the ex parte award. The application

to set aside ex pare award is accompanied by an application

to condone the delay of 461 days.

2. Having considered the submissions of the learned

counsel for petitioner, I am of the opinion that an

opportunity can be granted to the petitioner to contest the

arbitration case subject to conditions.

3. The total award amount comes approximately to

Rs.4,38,652/-. Though the quantum is challenged, the

liability as such is not disputed by the petitioner. In such

circumstances, it is appropriate that the delay be condoned W.P.(C) No.29527 OF 2023

and the ex parte ward be set aside on condition that the

petitioner pays an amount of Rs.1,00,000/- towards the

dues.

Accordingly, the writ petition is allowed. The ex parte

award is set aside, on condition that petitioner pays an

amount of Rs.1,00,000/- (Rupees One lakh only) towards

liability, within a period of six weeks. It is made clear that in

case of any default in payment of the amount, the writ

petition will stand dismissed confirming the ex parte award.

The parties to appear before the 2 nd respondent on

25.10.2023.

Sd/-

SATHISH NINAN smv JUDGE W.P.(C) No.29527 OF 2023

APPENDIX OF WP(C) 29527/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SUIT, ARC.NO.1660/2020 DATED 20-03.2020 FILED BEFORE THE 2ND RESPONDENT BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE SUMMONS STATED TO BE ISSUED TO THE PETITIONER DATED 15.11.2021 Exhibit P3 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 04.09.2023 Exhibit P4 TRUE COPY OF THE PETITION TO CONDONE THE DELAY IN FILING EXT.P3 PETITION BEFORE THE 2ND RESPONDENT DATED 04.09.2023 Exhibit P5 TRUE COPY OF THE FORM NO.9 DATED 11.07.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE PUBLICATION OF AUCTION DATED NIL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER WITH INFORMATION THAT THE ACTION IS SCHEDULED ON 11.09.2023 AT 11.30 AM.

Exhibit P7 TRUE COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT TO THE PETITIONER DATED NIL