Nallurnad Service Co-Operative Bank ... vs P R Lakshmanan
2024 Latest Caselaw 16813 Ker

Kerala High Court

Nallurnad Service Co-Operative Bank ... vs P R Lakshmanan on 12 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                           OP(C) NO. 1246 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.03.2024 IN ARC NO.27 OF 2019
OF MUNCIFF MAGISTRATE COURT,MANANTHAVADY
PETITIONERS:

    1        NALLURNAD SERVICE CO-OPERATIVE BANK LTD NO. 6913
             NALLURNAD POST, MANATHAVADY, WAYANAD, REP. BY ITS
             SECRETARY, PIN - 670645
    2        THE MANAGING COMMITTEE
             NALLURNAD SERVICE CO-OPERATIVE BANK NO. 6913 NALLURNAD
             POST, MANATHAVADY, WAYANAD - REP. BY ITS PRESIDENT, PIN
             - 670645
             BY ADVS.
             R.K.MURALEEDHARAN
             ATHIRA A.MENON
             HARISANKAR.K.V.


RESPONDENT:

             P R LAKSHMANAN
             AGED 59 YEARS
             S/O. P S RAMAN, KRISHNAPURI HOUSE PAINGADATTARI GRAMAM,
             NALLURNAD POST NALLURNAD AMSOM, PAINGATTARI DESOM
             MANATHAVADI, WAYANAD, PIN - 670645

     THIS     OP    (CIVIL)      HAVING   COME   UP    FOR    ADMISSION   ON
12.06.2024,        THE   COURT    ON   THE    SAME    DAY    DELIVERED    THE
FOLLOWING:
 O.P(C) No.1246 of 2024
                                     2


                             JUDGMENT

The petitioner bank preferred Ext. P4 appeal challenging Ext.

P2 order passed by the Co-operative Arbitration Court(Northern),

Kozhikode. The petitioner preferred Ext. P9 stay petition to stay the

enforcement of Ext. P2 order. In the meanwhile, the execution

petition filed by the respondent before the Munsiff Magistrate Court,

Mananthavady is being proceeded with. The limited prayer in this

Original Petition is to give a direction to the Kerala State Co-operative

Tribunal, Thiruvananthapuram to consider and dispose of Ext. P9 and

to stay the execution proceedings till then.

2. Having heard the learned counsel for the petitioner Sri.

R.K.Muraleedharan, this Original Petition is disposed of with a

direction to the Kerala State Co-operative Tribunal,

Thiruvananthapuram to hear and pass orders on Ext. P9 within a

period of one month from the date of receipt of a copy of this

judgment. Till then, the Munsiff Magistrate Court, Mananthavady is

directed to keep in abeyance the execution proceedings in the

Execution Petition No.84 of 2021 in ARC 27/19 pending there.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Anu

APPENDIX OF OP(C) 1246/2024

PETITIONERS EXHIBITS Exhibit-P1 TRUE COPY OF THE PETITION ARC NO.

27/2019 FILED BEFORE THE ARBITRATION COURT (NORTHERN) KOZHIKODE BY THE RESPONDENT Exhibit-P2 TRUE COPY OF THE ORDER OF CO-OPERATIVE ARBITRATION COURT(NORTHERN), KOZHIKODE IN ARC NO. 27/2019 DATED 20.01.2020 Exhibit-P3 TRUE COPY OF THE ORDER NO. JRGWYD / 317/2021-CRP ISSUED BY THE JOINT REGISTRAR (GENERAL), WAYANAD DATED 31.05.2021 Exhibit-P4 TRUE COPY OF THE APPEAL PETITION NO.

282/2023 FILED BEFORE THE KERALA STATE CO-OPERATIVETRIBUNAL,THIRUVANANTHAPURAM Exhibit-P5 TRUE COPY OF THE EP NO. 84/2021 IN ARC NO. 27/2019 FILED BEFORE THE MUNSIFF MAGISTRATE, MANATHAVADY DATED 01.11.2021 Exhibit-P6 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS IN EP NO. 84/2021 IN ARC NO. 27/2019 DATED 26.07.2022 Exhibit-P7 TRUE COPY OF EA NO. 5/2023 FILED BY THE PETITIONERS BEFORE THE LEARNED MUNSIFF Exhibit-P8 TRUE COPY OF THE ORDER OF MUNSIFF MAGISTRATE COURT, MANANTHAVADY IN EP NO. 84/2021 IN ARC NO. 27/2019 DATED 20.03.2024 Exhibit-P9 TRUE COPY OF THE AFFIDAVIT ALONG WITH THE STAY PETITION DATED 06.06.2024 FILED BEFORE THE TRIBUNAL