Soyi D vs The Arbitrator Cum Special Sale Officer
2024 Latest Caselaw 6013 Ker

Kerala High Court

Soyi D vs The Arbitrator Cum Special Sale Officer 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. 7114 OF 2024
PETITIONER/S:

          SOYI D, AGED 53 YEARS
          S/O, DEVASIA, RESIDING AT KARIYOTTU MAMMOOTTIL HOUSE,
          VENCHEMPU P.O, PUNALUR, KOLLAM DISTRICT, PIN - 691333
          BY ADV SERGI JOSEPH THOMAS


RESPONDENT/S:

    1     THE ARBITRATOR CUM SPECIAL SALE OFFICER
          MATHRA SERVICE CO-OPERATIVE BANK LIMITED.
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETY (GENERAL)
           PUNALUA, KOLLAM DISTRICT., PIN - 691305
    2     MATHRA SERVICE CO-OPERATIVE BANK LIMITED NO.314
          REPRESENTED BY ITS SECRETARY
          PUNALUR ROAD, MATHRA P,O, PUNALUR,
          KOLLAM DISTRICT., PIN - 691333
          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. 7114 OF 2024              2



                                 JUDGMENT

Petitioner has approached this Court, being aggrieved

by the fact that, without serving a certified copy of the award

in ARC No.168/2020, proceedings have been initiated to

recover the amounts determined in terms of the said award

and thereby, effectively prevented the petitioner from

approaching the Tribunal by filing an appeal against the

award.

2. Learned counsel appearing for the petitioner would

submit that, despite request, the certified copy of the award

has not been served on the petitioner.

3. Heard the learned Government Pleader also.

4. Having regard to the facts and circumstances of the

case and considering the limited nature of reliefs sought for

by the petitioner, the writ petition will stand disposed of,

without notice to the 2nd respondent, directing the 1st

respondent to serve a certified copy of the award in ARC

No.168/2020 to the petitioner. Any recovery proceedings

pursuant to the award shall remain suspended for a period of

one month from the date on which the certified copy of the

award is served to the petitioner, to enable the petitioner to

approach the Tribunal.

Sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF WP(C) 7114/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD IN A.R.C NO. 168/2020 DATED 28/09/2020 SERVED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE APPLICATION DATED 07/02/2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT