Rajamma vs The Assistant ...
2023 Latest Caselaw 9658 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. 29465 OF 2023
PETITIONER:

         RAJAMMA
         AGED 72 YEARS
         W/O. RAMAKANTHAN, ROSE HOUSE, KOTHAVARA P.O.,
         VAIKOM, THALAYAZHAM, KOTTAYAM DISTRICT,, PIN -
         686607
         BY ADV M.RETHEESHKUMAR


RESPONDENTS:
    1     THE ASSISTANT REGISTRAR(CO-OPERATION) - VAIKOM
          OFFICE OF THE ASSISTANT REGISTRAR, VAIKOM,
          KOTTAYAM DISTRICT,, PIN - 636141
    2     THE SPECIAL SALE OFFICER
          ULLALA SCB GROUP, OFFICE OF THE ASSISTANT
          REGISTRAR, VAIKOM, KOTTAYAM DISTRICT., PIN -
          636141
    3     THE ULLALA SERVICE CO-OPERATIVE BANK LTD NO-1142
          THALAYAZHAM P.O., VAIKOM, KOTTAYAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 686607
          BY ADVS.
          SMT. SHEEJA.C.S, SENIOR GOVERNMENT PLEADER
          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.29465 OF 2023
                                  -: 2 :-




                     SATHISH NINAN, J.
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                 W.P.(C) No.29465 OF 2023
           = = = = = = = = = = = = = = = = = =
        Dated this the 8th day of September, 2023

                              JUDGMENT

Petitioner is faced with execution of an ex

parte award. 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 parte award is accompanied by an

application to condone the delay of 461 days.

2. Exhibit P2 is the copy of the award. Exhibit

P2 indicates that, in spite of service of the

summons, petitioner failed to appear. However,

considering 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. W.P.(C) No.29465 OF 2023

The total award amount is approximately

Rs.20,00,000/-. Though the quantum is under

dispute, the liability as such is not disputed by

the petitioner. In such circumstances, it is deemed

appropriate that the delay can be condoned and the

ex parte award set aside on condition that the

petitioner pays an amount of Rs.5,00,000/- towards

the dues.

Accordingly, the writ petition is allowed.

Exhibit P2 ex parte award is set aside on condition

that petitioner pays an amount of Rs.5,00,000/-

(Rupees Five lakhs only) with the respondent bank,

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 Exhibit P2 award.

W.P.(C) No.29465 OF 2023

The parties to appear before the 2nd respondent

on 25.10.2023.

Sd/-

SATHISH NINAN smv JUDGE W.P.(C) No.29465 OF 2023

APPENDIX OF WP(C) 29465/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SUIT, ARC NO. 1656/2020 DATED 20-03-2020 FILED BEFORE THE 2ND RESPONDENT BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE AWARD DATED 30-11-2021 IN ARC NO. 1656/2020 PASSED BY THE 2ND RESPONDENT Exhibit P2(a) TRUE COPY OF THE SUMMONS STATED TO BE ISSUED TO THE PETITIONER DATED 15-11-

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 12:30 PM 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