Kerala High Court
George.C.J 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. 6159 OF 2024
PETITIONERS:
1 GEORGE.C.J, AGED 75 YEARS, S/O.OUSO.C.J (LATE)
CHAMMANIKODATH HOUSE, CONVENT ROAD,
NEAR SACRED HEART CHURCH, KOTHAD.PO, ERNAKULAM
DISTRICT, KERALA, PIN - 682027
2 JOJAN.C.J, AGED 47 YEARS, S/O.LATE JOSEPH,
CHAMMANIKODATH HOUSE, CONVENT ROAD,
NEAR SACRED HEART CHURCH, KOTHAD.PO, ERNAKULAM
DISTRICT, KERALA, PIN - 682027
BY ADVS.S.SUNIL KUMAR (PALAKKAD)
LEKSHMI S.SEKHER
K.J.SUNIL
FEMY M.ANTONY
RESPONDENTS:
1 JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
OFFICE OF JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, 5TH FLOOR, NEW BLOCK, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
2 SENIOR INSPECTOR/ SPECIAL SALE OFFICER OF THRIKKAKARA
SERVICE CO-OPERATIVE BANK GROUP (ARBITRATOR),OFFICE
OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KANAYANNUR, ERNAKULAM, PIN - 682016
3 KORAMPADAM SERVICE AND CO-OPERATIVE BANK LTD-178
KOTHAD.PO, ERNAKULAM DISTRICT, KERALA. REPRESENTED BY
ITS SECRETARY, PIN - 682027
OTHER PRESENT:
SMT C S SHEEJA, SR. 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) No. 6159/2024 2
JUDGMENT
The petitioners contend that they had availed financial assistance from the
3rd respondent and had made substantial repayments. It is contended that they
have recently come to understand that the 3rd respondent had instituted A.R.C.
No. 3097/2022 before the 2nd respondent and had secured an award. It is
contended that the petitioners were not served with notice of the arbitration
proceedings. In the said circumstances, they have approached the 2nd
respondent and have filed Ext.P2 application to set aside the arbitration award.
The petitioners assert that the 2nd respondent is refusing to consider the
application. It is on these assertions that this writ petition is filed seeking
issuance of directions to the 2nd respondent to consider Ext.P2 application 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 (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
[2013 KHC 776]
[2016(3) KLT 50]
order that I propose to pass, notice to respondents 2 and 3 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 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 2nd respondent forthwith.
Till orders are passed, any coercive proceedings pursuant to Ext.P1
against the petitioners shall be deferred.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DCS
APPENDIX OF WP(C) 6159/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE IN EP NO-130/2024
DATED 06.02.2024 ISSUED BY THE RESPONDENT NO-2
Exhibit P2 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE
AWARD IN ARC NO-3097/2022 FILED BY THE PETITIONERS
BEFORE RESPONDENT NO-2 DATED 10.02.2024
