Kerala High Court
John Varghese vs Kuttikkadu Farmers Service ... on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 23319 OF 2015
PETITIONER:
JOHN VARGHESE
AGED 60 YEARS, S/O.VARGHESE,
EDATTEL HOUSE, KOORKKAMATTOM, KUTTICHIRA PO,
CHALAKKUDY, THRISSUR DISTRICT - 680 724.
BY ADV
SRI.MILLU DANDAPANI
RESPONDENT/S:
1 KUTTIKKADU FARMERS SERVICE CO-OPERATIVE BANK LTD
No.572,KUTTIKKADU PO, THRISSUR DISTRICT-680 724,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 SPECIAL SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), MUKUNDAPURAM,
THRISSUR -680 585.
BY ADVS.
SRI.P.V.PAULSON
SRI.SABU PULLAN
OTHER PRESENT:
SRI.BIMAL K NATH-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 23319 OF 2015
2
M.A. ABDUL HAKHIM, J.
------------------------------
W.P.(C) No. 23319 of 2015
------------------------------
Dated this the 4th day of June, 2024
JUDGMENT
1. The grievance of the petitioner in this writ petition is
that without communicating the award dated 26.03.2015 in
ARC No.558/2015 passed against the petitioner with
respect to Gehan mortgage 473/2013, Execution petition is
initiated as per Ext.P7 demand notice. In view of the
contention in the counter affidavit filed by the 1 st
respondent that the award is communicated to the
petitioner, this Court passed order dated 04.04.2024
directing the 1st respondent to produce documents in
support of the said contention.
3. Today, the learned Government Pleader submitted
that the files are not available to prove that the award is
communicated to the petitioner. In view of the said
submission, there is nothing to prove that the award is
communicated to the petitioner.
WP(C) NO. 23319 OF 2015
4. Accordingly, Ext.P7 demand notice is set aside making
it clear that the 1st respondent is free to execute the Award
after communicating the Award to the petitioner.
This writ petition is disposed of as above.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) NO. 23319 OF 2015
APPENDIX OF WP(C) 23319/2015
PETITIONER'S EXHIBITS
EXHIBIT P1 - THE TRUE COPY OF THE NO OBJECTION
CERTIFICATE ISSUED BY THE SECRETARY,
KODASSERRY GRAMA PANCHAYATH DATED 11.09.2012
EXHIBIT P2 - THE TRUE COPY OF THE LICENCE ISSUED BY THE
KODASSERRY GRAMA PANCHAYATH WITH NO.A7-
105/2013-2014 DATED 01.04.2013
EXHIBIT P3 - THE TRUE COPY OF THE LETTER NO.166/13-14
ISSUED BY THE 1ST RESPONDENT BANK DATED
23.10.2013 TO THE PETITIONER
EXHIBIT P4 - THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 13.11.2013
EXHIBIT P5 - THE TRUE COPY OF THE SUMMONS ISSUED BY THE
ARBITRATOR & CO-OPERATIVE SOCIETIES
INSPECTOR, IN ARCM NO.558/2015 DATED
09.03.2015
EXHIBIT P6 - THE TRUE COPY OF THE PETITION FILED BY THE
1ST RESPONDENT BANK DATED 29.01.2015 BEFORE
THE ASSISTANT REGISTRAR
EXHIBIT P7 - THE TRUE COPY OF THE DEMAND NOTICE DATED
10.07.2015 ISSUED BY THE SECOND RESPONDENT
EXHIBIT P8 - THE TRUE COPY OF THE RELEVANT PAGE OF THE
PASS BOOK ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER.
RESPONDENT'S EXHIBITS
EXHIBIT R1(A) THE TRUE COPY OF THE AWARD DT. 26.03.2015
AGAINST THE PETITIONER IN ARC NO. 558/2015
