Kerala High Court
Antony.C.K vs Joint Registrar (General) Of ... on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6206 OF 2024
PETITIONER/S:
ANTONY.C.K, AGED 67 YEARSS/O.
KURUTHUNNI (LATE), CHIRIYANKANDATH HOUSE,
MUNDATHIKODE.PO, THRISSUR, PIN - 680601
BY ADVS.S.SUNIL KUMAR (PALAKKAD)
RESPONDENTS:
1 JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
OFFICE OF JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, THRISSUR, PIN - 680001
2 INSPECTOR OF CO-OPERATIVE SOCIETIES FOR A&E NO-II
(ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), THALAPPILLY.PO,
WADAKKANCHERRY, THRISSUR, PIN - 680582
3 JUNIOR INSPECTOR/SPPECIAL SALE OFFICER,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), THALAPPILLY.PO, WADAKKANCHERRY,
THRISSUR, PIN - 680582
4 THE WADAKANCHERY BLOCK MULTIPURPOSE CO-OPERATIVE
SOCIETY LTD NO R-1125, THALAPPILLY, THRISSUR.
REPRESENTED BY ITS SECRETARY, PIN - 680582
OTHER PRESENT:
SMT RASMY THOMAS, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).6206 of 2024 2
JUDGMENT
The petitioner contends that he along with another person had
availed financial assistance from the 4th respondent and had made substantial
repayments. It is contended that he has recently come to understand that
the 4th respondent had instituted A.R.C. Nos. 601 /2019, A.R.C. Nos. 602
/2019, A.R.C. Nos. 603 /2019, A.R.C. Nos. 604 /2019, A.R.C. Nos. 605 /2019
and A.R.C. Nos. 606 /2019 before the 2nd respondent and had secured
separate awards. It is contended that the petitioner was not served with
notice of the arbitration proceedings. In the said circumstances, he has
approached the 2nd respondent and has filed Ext.P2 series applications to set
aside the arbitration awards. The petitioner asserts that the 2nd respondent
is refusing to consider the application. In the meantime, the 4th respondent
is proceeding with steps to enforce the award. It is on these assertions that
this writ petition is filed seeking issuance of directions to the 2nd respondent
to consider Ext.P2 series applications and take appropriate decision in
accordance with law.
2. The learned counsel appearing for the petitioners would
rely on the law laid down in Joseph A.R. and Others v. Co-operative
Arbitration Court, Kozhikode1 and Rema Devi v. Joint Registrar
[2013 KHC 776]
(General) of Co-operative Societies2 and submitted that the 2nd
respondent has ample jurisdiction to consider the applications.
3. Heard the learned Government Pleader. In view of the nature of
order that I propose to pass, notice to respondents 3 and 4 are dispensed
with.
4. Having considered the submissions advanced, I find that in the
instant case, the application to set aside the ex-parte award is pending
consideration before the concerned respondent. The application is liable to
be considered in the light of the law laid down in Joseph A.R. (supra) and
Rema Devi (supra).
5. This writ petition is disposed of directing the 2nd respondent to
consider and pass orders on Ext.P2 series applications expeditiously, in any
event, within 30 days from the date of receipt of a copy of this judgment. The
petitioners shall also produce a copy of the writ petition before the second
respondent forthwith.
6. Till orders are passed, any coercive proceedings pursuant to
Ext.P1 series notices against the petitioner shall be deferred.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DCS
[2016(3) KLT 50]
APPENDIX OF WP(C) 6206/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE IN ARC NO-601/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P1(a) TRUE COPY OF THE SALE NOTICE IN ARC NO-602/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P1(b) TRUE COPY OF THE SALE NOTICE IN ARC NO-603/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P1(c) TRUE COPY OF THE SALE NOTICE IN ARC NO-604/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P1(d) TRUE COPY OF THE SALE NOTICE IN ARC NO-605/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P1(e) TRUE COPY OF THE SALE NOTICE IN ARC NO-606/2019 DATED
02.02.2024 ISSUED BY THE RESPONDENT NO-3
Exhibit P2 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-601/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
Exhibit P2(a) TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-602/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
Exhibit P2(b) TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-603/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
Exhibit P2(c) TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-604/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
Exhibit P2(d) TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-605/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
Exhibit P2(e) TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-606/2019 FILED BY THE PETITIONER BEFORE
RESPONDENT NO-2 DATED 10.02.2024
