Kerala High Court
Gomathy vs The Secretary on 4 January, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(C) NO. 5893 OF 2015
PETITIONER:
GOMATHY
CHOLATTU VEEDU, ALAMCODE P O, CHIRAYINKEEZH,
THIRUVANANTHAPURAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENT:
THE SECRETARY
KARAVARAM PANCHAYATH SERVICE CO-OPERATIVE BANK
LTD NO T 324, KARAVARAM, THOTTAKKADU P O,
CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM.
BY ADVS.
SRI.M.DINESH
SRI.P.SOMASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5893/2015
-:2:-
JUDGMENT
This writ petition has been filed challenging Ext.P6
order of the Kerala Co-operative Tribunal,
Thiruvananthapuram, on I.A.No.154 of 2014 in Appeal
No.18 of 2014. Appeal No.18 of 2014 is an appeal filed by
the Secretary, Karavaram Panchayath Service Co-operative
Bank Ltd., challenging Ext.P2 award of the Arbitrator
(award in ARC No.1535 of 2002) issued under Section 69 of
the Kerala Co-operative Societies Act, 1969.
2. The petitioner, who was the plaintiff before the
Arbitrator, is aggrieved by the fact that, through Ext.P6
order on I.A.No.154 of 2014 in Appeal No.18 of 2014, the
Kerala Co-operative Tribunal, Thiruvananthapuram, has
permitted the appellant in the appeal (respondent herein)
to adduce oral evidence and to produce certain documents,
which were not brought before the Arbitrator. It is
submitted that there is absolutely no justification in the
Kerala Co-operative Tribunal allowing I.A.No.154 of 2014.
It is submitted that large number of documents are sought
to be produced on the basis of a bald averment that, they
could not be produced before the Arbitrator, as they could
not be traced out during the time when the matter was
pending before the Arbitrator. It is submitted that the
documents might have been manipulated and, relevance of
the documents, sought to be produced, has also not been
revealed in the application filed for accepting additional
documents. Learned counsel for the petitioner further
referred to Ext.P5 objections filed in I.A.No.154 of 2014 in
Appeal No.18 of 2014 to contend that there was no
justification for allowing I.A.No.154 of 2014.
3. Learned counsel appearing for the respondent-
Bank on the other hand would submit that the question of
relevance of the documents sought to be produced before
the Kerala Co-operative Tribunal and the question as to
whether they can be accepted as evidence are matters to be
decided by the Kerala Co-operative Tribunal. It is
submitted that, going by the provisions contained in
Rule 122 of the Kerala Co-operative Societies Rules, the
provisions of the Code of Civil Procedure are applicable to
the proceedings before the Kerala Co-operative Tribunal,
unless expressly excluded. It is submitted that going by the
provisions of Order XLI Rule 27 of the Code of Civil
Procedure, additional evidence can be accepted even at the
appellate stage. It is submitted that the provisions of Rule
115 of the Kerala Co-operative Societies Rules also indicate
that the respondent was entitled to adduce additional
evidence at the appellate stage.
4. Having heard the learned counsel for the
petitioner and the learned counsel for the respondent, I am
of the opinion that the petitioner has not made out any case
for interference with Ext.P6 order of the Kerala
Co-operative Tribunal on I.A.No.154 of 2014 in Appeal
No.18 of 2014. The said order proceeds to record that the
documents now sought to be produced by the respondent
(appellant before the Tribunal) were documents which
according to the appellant could not be produced at the
time when the proceedings were pending before the
Arbitrator as they were not in the immediate possession of
the respondent at the time when the proceedings were
progressing before the Arbitrator. A reading of Rules 115
and 122 of the Kerala Co-operative Societies Rules, 1969,
together with the provisions of Order XLI Rule 27 of the
Code of Civil Procedure indicate that there is absolutely no
bar in the Kerala Co-operative Tribunal accepting additional
evidence at the appellate stage, provided, there are
sufficient circumstances for accepting such evidence.
While the relevancy or the admissibility of any document
could still be questioned by the petitioner, I find no ground
made out for interfering with the decision taken by the
Kerala Co-operative Tribunal to allow I.A.No.154 of 2014 in
Appeal No.18 of 2014, especially taking note of the
provisions of the Kerala Co-operative Societies Rules
noticed above and the provisions of order XLI Rule 27 of the
Code of Civil Procedure, which apply to proceedings before
the Kerala Co-operative Tribunal. Writ petition fails and it
is accordingly dismissed.
5. At this stage, the learned counsel for the
petitioner would submit that, considering the fact that
Appeal No.18 of 2014 has been pending for consideration
before the Kerala Co-operative Tribunal from the year 2014,
a direction may be issued to the Tribunal to dispose of
Appeal No.18 of 2014 within a time frame.
I consider this request to be reasonable. Accordingly,
there will be a direction to the Kerala Co-operative
Tribunal, Thiruvananthapuram, to endeavour to dispose of
Appeal No.18 of 2014 within a period of six months from
the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P.
JUDGE
ats
APPENDIX OF WP(C) 5893/2015
PETITIONER'S EXHIBITS
EXHIBIT P1:- TRUE COPY OF THE PETITION ARC NO 1535/2002
FILED U/S 69 OF THE KERALA CO-OPERATIVE
SOCITIES ACT DTD NIL
EXHIBIT P2:- TRUE COPY OF THE AWARD DTD 31/7/2013 IN ARC
NO 1535/2002 PASSED BY THE ASSISTANT
REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)CHIRAYINKEEZH,
THIRUVANATHAPURAM
EXHIBIT P3:- TRUE COPY OF THE COPY OF THE APPEAL NO
18/2014 BEFORE THE KERALA CO-OPERATIVE
TRIBUNAL, THIRUVANANTHAPURAM DTD 17/2/2014
EXHIBIT P4:- TRUE COPY OF THE IA NO 154/2013 IN APPEAL
NO 18/2014 BEFORE THE KERALA CO-OPERATIVE
TRIBUNAL,THIRUVANANTHAPURAM DTD 18/8/2014
EXHIBIT P5:- TRUE COPY OF THE OBJECTION DTD 23/10/2014
IN IA 154/2013 IN APPEAL NO 18/2014 BEFORE
THE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM
EXHIBIT P6:- TRUE COPY OF THE ORDER DTD 29/12/2014 IA NO
154/2013 IN APPEAL NO 18/2014 BEFORE KERALA
CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM
