Cyriac A M vs Asst. Registrar (General) Co- ...
2024 Latest Caselaw 5991 Ker

Kerala High Court

Cyriac A M vs Asst. Registrar (General) Co- ... on 23 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                         WP(C) NO. 6428 OF 2024
PETITIONER/S:

          CYRIAC A M, AGED 60 YEARS
          ARAKKAL HOUSE , ULLANAD P O, BHARANANGANAM VILLAGE,
          KOTTAYAM DISTRICT, PIN - 686651
          BY ADVS.
          C.S.BISSIMON
          DENNY VARGHESE


RESPONDENT/S:

    1     ASST. REGISTRAR (GENERAL) CO- OPERATIVE SOCIETIES,
          MEENACHIL,
          CO -OPERATIVE ASST. REGISTRAR OFFICE PALA. 686575,
          MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686575
    2     KADANAD SERVICE CO- OPERATIVE BANK LTD K-2
          REP; BY ,SECRETARY ,
          KADANAD SERVICE CO- OPERATIVE BANK LTD K-2,
          KADANAD P O, KOLLAPPALLY,
          KADANAD VILLAGE., PIN - 686653



          SMT. RESHMI THOMAS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6428 OF 2024          2



                             JUDGMENT

Petitioner has approached this Court, being aggrieved

by the fact that the application filed by the petitioner as

Ext.P1 for setting aside the ex parte award in a proceedings

under Section 69 of the Co-operative Societies Act, has been

rejected by Ext.P2 order holding that the said application is

not maintainable.

2. It appears that the issue is covered by the

judgment of this Court in Rema Devi and Others V. Joint

Registrar (General) of Co-operative Societies, EKM

and Another [2016 (3) KHC 645] , where this Court has

clearly held that an arbitrator under Section 69 of the Co-

operative Societies Act has the power to set aside an ex

parte award.

3. Taking into consideration the law laid down by

this Court in Rema Devi (Supra) and having heard the

learned Government Pleader, Ext.P2 is quashed. The 1 st

respondent is directed to consider and pass orders on

Ext.P1 application, in accordance with the law and also

taking into account the law laid down by this Court in Rema

Devi (supra), within a period of one month from the date

of receipt of a certified copy of this judgment .

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 6428/2024

PETITIONER EXHIBITS Exhibit P1 COPY OF THE EXPARTEE SET ASIDING APPLICATION IN ARC 354/2022 OF ASSISTANT REGISTRAR (GENERAL) CO- OPERATIVE SOCIETIES MEENACHIL DATED 01/01/2024 Exhibit P2 COPY OF THE ORDER ISSUED BY THE ASSISTANT REGISTRAR (GENERAL) CO- OPERATIVE SOCIETIES MEENACHIL DATED 20-01-2024 IN SSOKDR/119/24

Exhibit P3 COPY OF THE EXPARTE AWARD OF ASSISTANT REGISTRAR (GENERAL) CO- OPERATIVE SOCIETIES