Kerala High Court
Babu.K.S vs The Special Sale Officer on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 7036 OF 2024
PETITIONER:
BABU.K.S, AGED 59 YEARS,
S/O SREEDHARAN, KOOTTALA HOUSE,
JANATHA ROAD, KURIACHIRA.P.O,
THRISSUR DT,, PIN - 680027.
BY ADVS.
FRANKLIN ARACKAL
NEETHU SOMAN
I.J.AUGUSTINE
RESPONDENTS:
1 THE SPECIAL SALE OFFICER
MOOSPET SERVICE CO OPERATIVE BANK LTD NO.682
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF
CO OPERATIVE SOCIETIES, AYYANTHOL, THRISSUR,
PIN - 680003.
2 ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE
SOCIETIES, AYYANTHOL, THRISSUR, PIN - 680003.
3 MOOSPET SERVICE CO OPERATIVE BANK LTD
NO.682, MOOSPET ROAD, THRISSUR DT
REPRESENTED BY ITS SECRETARY, PIN - 680005.
BY ADVS.
SAJU S
A.V.SAJAN(K/384/2001)
SWETHA.S.(K/000571/2022)
SAHDHA K.U.(K/1330/2024)
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7036 OF 2024
-2-
JUDGMENT
The limited plea of the petitioner is
that the 2nd respondent - Assistant Registrar
- who is also the competent Arbitrator, be
directed to take up Ext.P2 application filed
by him to set aside the alleged ex parte
Award in ARC No.1475/2022, along with Ext.P3
application filed to condone the delay in
filing such petition; with a corollary plea
that the said respondent be directed to keep
in abeyance all further proceedings in
E.P.No.81/2023, pending such exercise.
2. In response to the afore request of
the petitioner, as made by his learned
counsel - Sri.Franklin Arackal A.R., the
learned Senior Government Pleader -
Smt.C.S.Sheeja, submitted that the petitioner
WP(C) NO. 7036 OF 2024
has not produced the Award on record; and
therefore, that it is not discernible whether
it is an ex parte one. She added that this is
crucial because, otherwise, Ext.P2 may not be
maintainable; but conceded that this is an
issue that can be considered by the 2nd
respondent appositely. She, however, prayed
that this Court may not make any affirmative
declarations in favour of the petitioner, or
as regards the maintainability of Ext.P2 and
leave it to be decided by the 2nd respondent;
but fix a very short time frame for such
purpose.
3. Sri.S.Siju - learned counsel for
respondent No.3, adopted the afore
submissions of the learned Senior Government
Pleader.
In the afore circumstances, without
WP(C) NO. 7036 OF 2024
entering into the merits of any of the rival
contentions, I allow this Writ Petition to
the limited extent of directing the 2nd
respondent to take up Ext.P2 application,
along with Ext.P3, and dispose of the same,
after hearing both sides, as expeditiously as
is possible, but not later than one month
from the date of receipt of a copy of this
judgment.
Needless to say, since this Court has not
decided the question whether Ext.P2 is
maintainable, this will also be considered by
the 2nd respondent, while the afore exercise
is completed and his opinion shall be
reflected in the resultant order.
Finally, until such time as the afore
exercise is completed and the resultant order
communicated to the petitioner, recovery
WP(C) NO. 7036 OF 2024
action against him, based on E.P.No.81/2023
in ARC No.1475/2022, will stand deferred; but
clarifying that it can be thereafter taken
forward, depending upon the decision to be
taken by the 2nd respondent through the afore
exercise.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 7036 OF 2024
APPENDIX OF WP(C) 7036/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE SALE NOTICE DATED
15/1/2024 SERVED ON THE PETITIONER BY
THE 1ST RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE UNNUMBERED IA IN
ARC NO.1475/2022 DATED 15/2/2024 TO
SET ASIDE EXPARTE ORDER
EXHIBIT P3 A TRUE COPY OF THE UNNUMBERED IA IN
ARC NO.1475/2022 DATED 15/2/2024 TO
CONDONE THE DELAY IN FILING EXHIBIT P2
IA
EXHIBIT P4 A TRUE COPY OF THE POSTAL RECEIPT
DATED 20/2/2024 EVIDENCING THE
DISPATCH OF EXHIBIT P2 AND EXHIBIT P3
IA'S TO THE 3RD RESPONDENT BY THE
PETITIONER
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED
19/1/2024 IN WP(C)2235/2024 OF THIS
HON'BLE COURT
