Benny K.J vs The Registrar Of Co-Operative ...
2024 Latest Caselaw 15720 Ker

Kerala High Court

Benny K.J vs The Registrar Of Co-Operative ... on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                   WP(C) NO. 11830 OF 2024
PETITIONER/S:

         BENNY K.J
         AGED 53 YEARS
         S/O.JOHN, KULANGARA HOUSE, ASSARIKKADU P.O
         CHERUMKUZHY, MULAYAM VILLAGE THRISSUR, PIN - 680751
         BY ADV PRAVEEN K. JOY


RESPONDENTS:

    1    THE REGISTRAR OF CO-OPERATIVE SOCIETIES
         JAWAHAR SAHAKARAN BHAVAN, DPI JUNCTION, JAGATHY,
         TRIVANDRUM, PIN - 695014
    2    THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL)
         THRISSUR, OFFICE OF ASSISTANT REGISTRAR (GENERAL)
         OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN,
         AAYYANTHOLE, THRISSUR, PIN - 680003
    3    THE SPECIAL SALE OFFICER/ARBITRATOR
         KOORKENCHERY SCB GROUP OFFICE OF ASSISTANT
         REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
         SAHAKARANA BHAVAN, AYYANTHOLE, THRISSUR,
         PIN - 680003
    4    THE SECRETARY
         PANANCHERY SERVICE CO-OPERATIVE BANK LTD NO.541
         PATTIKKAD P.O, THRISSUR, PIN - 680652
         BY ADV RASMI NAIR . T
         SMT C S SHEEJA-SR.GP; SMT RASMI NAIR T-R4



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.11830/2024
                                ..2..




                DEVAN RAMACHANDRAN, J.
            =========================
                W.P.(C)No.11830 of 2024
           ==========================
            Dated this the 6th day of June, 2024

                           JUDGMENT

The petitioner impugns Ext.P1 notice, saying that, it is based

on the Award in ARC No.4340 of 2019, issued exparte and against

which, he has preferred Exts.P3 and P4 applications to have it set

aside. He says that, even though the said applications are

pending, the 3rd respondent Arbitrator is refusing to consider the

same; but that, in the meanwhile, the 3 rd respondent - Sale

Officer, is attempting to recover amounts pursuant to Ext.P1,

which he asserts is illegal and unlawful. He, therefore, prays that

Ext.P1 be set aside and the competent Arbitrator be directed to

take up Exts.P3 and P4 applications and decide the same without

any avoidable delay.

2. In response to the afore submissions of Sri.Praveen

K.Joy - learned counsel for the petitioner, the learned Standing

Counsel for the Bank - Smt.Rasmi Nair T., submitted that the

attempt of the petitioner is only to protract the recovery

proceedings because, the ARC was disposed of several years

..3..

earlier. She thus prayed that the writ petition be dismissed.

3. Smt.C.S.Sheeja - learned Senior Government Pleader,

pertinently affirmed that Exts.P3 and P4 applications are still

pending before the Arbitrator and that he has not taken a decision

on them because, he is under the impression that he has no

jurisdiction to do so. She, however, fairly conceded that, on

account of the declaration of this Court in Rema Devi and Ors.

v. Joint Registrar (General) of Co-operative Societies and

Anr. [2016 (3) KLT 50], the Arbitrator certainly obtains jurisdiction

to consider the applications; and that he will, therefore, do so

without any avoidable delay.

Taking note of the afore submissions, I allow this writ

petition and direct the jurisdictional Arbitrator to take up Exts.P3

and P4 applications and dispose of the same, after hearing both

sides; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this judgment.

Needless to say, until such time as the afore is done and the

resultant order communicated to the petitioner, all further action

for recovery pursuant to Ext.P1 notice shall stand deferred; but

which can then be taken forward, in the event the said

..4..

applications are dismissed, from the stage at which it is available

today, following due procedure and law, without having to obtain

any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR

..5..

APPENDIX OF WP(C) 11830/2024

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE DEMAND NOTICE IN EP NO.49/2022 IN ARC NO.4340/2019 ISSUED BY THE 3RD RESPONDENT DATED 06.11.2023 Exhibit P2 TRUE COPY OF THE RECEIPT OF RS.2.5 LAKHS DATED 20.02.2024 Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT TO SET-ASIDE THE EX-PARTE AWARD DATED 15.03.2024 Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT FOR DELAY CONDONATION DATED 15.03.2024 RESPONDENT EXHIBITS Exhibit R4 (a) copy of demand notice dated 16/05/2022 issued by R3