Kerala High Court

Raveendran.A.R vs Kuruvilassery Service Co-Operative ... on 27 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                 WP(C) NO. 16400 OF 2024
PETITIONERS:
    1    GEETHA
         AGED 69 YEARS
         W/O RAVEENDRAN, ATHIYAARATH HOUSE,
         VALIYAPARAMBU DESOM,KURUVILASSERY, CHALAKUDI,
         THRISSUR-, PIN - 680732.
    2    ULLAS A.R,
         AGED 52 YEARS
         S/O RAVEENDRAN, ATHIYAARATH HOUSE,
         VALIYAPARAMBU DESOM,KURUVILASSERY, CHALAKUDI,
         THRISSUR., PIN - 680732.
         BY ADV DENIZEN KOMATH


RESPONDENTS:
    1    KURUVILASSERY SERVICE CO-OPERATIVE BANK LTD.,
         NO. 4185, CHALAKKUDY,VALIYAPARAMBU,
         THRISSUR,REPRESENTED BY ITS SECRETARY,, PIN -
         680732
    2    SECRETARY
         KURUVILASSERY SERVICE CO-OPERATIVE BANK LTD.,
         NO. 4185 , VALIYAPARAMBU, THRISSUR.,
         PIN - 680732
    3    ARBITRATOR / INSPECTOR OF CO-OPERATIVE SOCIETY
         OFFICE OF THE ASSISTANT REGISTRAR OF THE CO-
         OPERATIVE SOCIETY,CHALAKUDY, THRISSUR,
         PIN - 680307
         BY ADVS.
         Nisha George
         GEORGE POONTHOTTAM (SR.)(K/000570/1979)
         ANSHIN K.K(K/1249/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2024, ALONG WITH WP(C).16467/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.16400
& 16467/2024
                             ..2..




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                   WP(C) NO. 16467 OF 2024
PETITIONERS:
    1    RAVEENDRAN.A.R
         AGED 77 YEARS
         S/O. LATE RAMAN , ATHIYAARATH HOUSE,
         VALIYAPARAMBU DESOM, KURUVILASSERY, CHALAKUDI,
         THRISSUR., PIN - 680732
    2    ULLAS A.R
         AGED 52 YEARS
         S/O RAVEENDRAN, ATHIYAARATH HOUSE, VALIYAPARAMBU
         DESOM, KURUVILASSERY, CHALAKUDI, THRISSUR., PIN
         - 680732
         BY ADVS.
         DENIZEN KOMATH
         MEGHA MADHAVAN
         ANUPAMA RAVI
         RAMZY BIN O.A.


RESPONDENTS:
    1    KURUVILASSERY SERVICE CO-OPERATIVE BANK LTD.,
         NO. 4185
         CHALAKKUDY, VALIYAPARAMBU, THRISSUR, REPRESENTED
         BY ITS SECRETARY., PIN - 680732
    2    SECRETARY
         KURUVILASSERY SERVICE CO-OPERATIVE BANK LTD.,
         NO. 4185, VALIYAPARAMBU, THRISSUR., PIN - 680732
    3    ARBITRATOR / INSPECTOR OF CO-OPERATIVE SOCIETY
         OFFICE OF THE ASSISTANT REGISTRAR OF THE CO-
         OPERATIVE SOCIETY,CHALAKUDY, THRISSUR., PIN -
         680307
         BY ADVS.
         Nisha George
         GEORGE POONTHOTTAM (SR.)(K/000570/1979)
         ANSHIN K.K(K/1249/2021)
 W.P.(C)Nos.16400
& 16467/2024
                           ..3..




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2024, ALONG WITH WP(C).16400/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.16400
& 16467/2024
                               ..4..



                 DEVAN RAMACHANDRAN, J.
            =========================
            W.P.(C)Nos.16400 and 16467 of 2024
           ==========================
            Dated this the 27th day of May, 2024

                          JUDGMENT

I am disposing of these two writ petitions together

because, the underlying factual circumstances are similar;

while, the contentions impelled and the reliefs sought for are

analogous.

2. The petitioners in both these cases impugn orders

issued by the statutory Arbitrator under Section 69 of the

Kerala Co-operative Societies Act, 1969, whereby, their request

for amendment of the written statement had been rejected.

3. Smt.Megha Madhavan, learned counsel for the

petitioners, vehemently submitted that, even though an earlier

additional written statement was attempted to be filed, the

same had been rejected and that the right of her clients to

seek amendment of the original written statement is a right

vested under law and that the Arbitrator has erred in issuing

the impugned orders, rejecting such a plea. She argued that

the amendments sought, as is evident from the same, are W.P.(C)Nos.16400 & 16467/2024 ..5..

imperative for the proper and effective adjudication of the

case, but that it has been rejected in a mechanical manner,

inter alia, finding that no amount had been paid by her clients

after the filing of the arbitration case. She, therefore, prayed

that the impugned orders be set aside; thus the Arbitrator be

directed to allow the amendments, so as to have an effective

adjudication of the lis between the parties.

4. Smt.Nisha George, learned counsel appearing for

the respondent, Kuruvilassery Service Co-operative Bank Ltd

('Bank' for short), submitted that the amendment of the

written statement by the petitioners were wholly unnecessary

and that the Arbitrator has acted without error in having

rejecting their plea. She then made an alternative plea that if

this Court is still inclined to allow the petitioner to amend their

pleadings, then the statutory Arbitrator may be directed to

complete proceedings and finalize the Arbitration Case itself

within a time frame.

5. I have examined the orders on record and must say

that though the statutory Arbitrator has rejected the

application for amendment for the reasons recorded therein, a

different perspective is possible. This is because, going by W.P.(C)Nos.16400 & 16467/2024 ..6..

Order VI Rule 17 of the Code of Civil Procedure (CPC), which

admittedly is applicable to the proceedings before the

Arbitrator, the amendments sought are not impermissible and

it was certainly within the competence of the Arbitrator to have

decided it under its ambit. As rightly argued by Smt.Megha

Madhavan, learned counsel for the petitioners, one of the

primary reasons that appear to have swayed the mind of the

Arbitrator in dismissing the application is that, the petitioners

did not pay any amount after the arbitration proceedings had

been filed. I am afraid that this, by itself, could not have been

a reason to reject the amendments and the Arbitrator ought to

have considered the matter on its merits.

6. That being said, since the interest of the respondent

Bank is also to effect recovery at the earliest and there would

be no purpose served by allowing the petitioners to take hyper

technical contentions against each other - this being virtually

admitted at the Bar by both sides - I am of the view that, it will

be better to accede to the latter suggestion of Smt.Nisha

George and dispose of this matter on such terms.

In the afore circumstances,

a. These writ petitions are allowed and the impugned W.P.(C)Nos.16400 & 16467/2024 ..7..

orders are set aside.

b. Consequently, the application preferred by the

petitioners for amendment will stand allowed and they will file

the amended written statement within a period of one week

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

c. On the amended written statements being brought on

record and subject to any opportunity that the petitioners may

seek for filing rejoinder, or such other pleadings, I direct the

Arbitrator to dispose of both the Arbitration Cases at the

earliest, after affording necessary opportunities to both sides

and following due procedure, but not later than four months

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

I am fixing the time short because, it is conceded that the

evidence had been taken in the cases and that the matter is

virtually at the last stage of its resolution.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR W.P.(C)Nos.16400 & 16467/2024 ..8..

APPENDIX OF WP(C) 16467/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE SUMMONS ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 05.01.2022 Exhibit-P2 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS IN

Exhibit-P3 TRUE PHOTOCOPY OF THE PROOF AFFIDAVIT FILED BY THE RESPONDENTS 1 AND 2 IN THE ABOVE ARCM NO.614/2020 DATED 16.06.2023 Exhibit-P4 TRUE PHOTOCOPY OF THE ADDITIONAL WRITTEN STATEMENT AND AFFIDAVIT CUM PETITION TO ACCEPT THE SAME Exhibit-P5 TRUE PHOTOCOPY OF THE ADDITIONAL WRITTEN STATEMENT AND AFFIDAVIT CUM PETITION TO ACCEPT THE SAME Exhibit-P6 TRUE PHOTOCOPY OF THE REPLICATION FILED BY THE RESPONDENTS 1 AND 2 Exhibit-P7 TRUE PHOTOCOPY OF THE OBJECTION FILED BY RESPONDENTS 1 AND 2 HEREIN DATED 21.07.2023 Exhibit-P8 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT INCLUDING THAT OF 01.09.2023 Exhibit-P9 TRUE PHOTOCOPY OF THE REVIEW PETITION DATED 05.10.2023 Exhibit-P10 TRUE PHOTOCOPY OF THE PROCEEDINGS SHEET ISSUED ON 05.12.2023 BY THE 3RD RESPONDENT ARBITRATOR Exhibit-P11 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT UNDER ORDER VI RULE 17 CPC SEEKING AMENDMENT OF THE WRITTEN STATEMENT ALREADY ACCEPTED INTO FILE BY THE RESPONDENTS 1 AND 2,DATED 08.02.2024.

Exhibit-P12 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENTS 1 AND 2 TO THE AMENDMENT PETITION OF THE PETITIONER, W.P.(C)Nos.16400 & 16467/2024 ..9..

DATED 15.02.2024 Exhibit-P13 TRUE PHOTOCOPY OF THE COMMON ORDER PASSED BY THE 3RD RESPONDENT DATED 08.04.2024 RESPONDENT EXHIBITS Exhibit-R1(a) True copy of the loan details taken by the petitioners dated nil W.P.(C)Nos.16400 & 16467/2024 ..10..

APPENDIX OF WP(C) 16400/2024

Exhibit-P3 TRUE PHOTOCOPY OF THE PROOF AFFIDAVIT FILED BY THE RESPONDENTS 1 AND 2 IN THE ABOVE ARCM NO.163/2020 DATED 16.06.2023 Exhibit-P4 TRUE PHOTOCOPY OF THE ADDITIONAL WRITTEN STATEMENT AND AFFIDAVIT CUM PETITION TO ACCEPT THE SAME Exhibit-P5 TRUE PHOTOCOPY OF THE ADDITIONAL WRITTEN STATEMENT AND AFFIDAVIT CUM PETITION TO ACCEPT THE SAME Exhibit-P6 TRUE PHOTOCOPY OF THE REPLICATION FILED BY THE RESPONDENTS 1 AND 2 Exhibit-P7 TRUE PHOTOCOPY OF THE OBJECTION FILED BY RESPONDENTS 1 AND 2 HEREIN DATED 27.07.2023 Exhibit-P8 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT INCLUDING THAT OF 01.09.2023 Exhibit-P9 TRUE PHOTOCOPY OF THE REVIEW PETITION DATED 05.10.2023 Exhibit-P10 TRUE PHOTOCOPY OF THE PROCEEDINGS SHEET ISSUED ON 05.12.2023 BY THE 3RD RESPONDENT ARBITRATOR Exhibit-P11 TRUE PHOTOCOPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT UNDER ORDER VI RULE 17 CPC SEEKING AMENDMENT OF THE WRITTEN STATEMENT ALREADY ACCEPTED INTO FILE BY THE RESPONDENTS 1 AND 2 Exhibit-P12 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE RESPONDENTS 1 AND 2 TO THE W.P.(C)Nos.16400 & 16467/2024 ..11..

AMENDMENT PETITION OF THE PETITIONER, DATED 15.02.2024 Exhibit-P13 TRUE PHOTOCOPY OF THE COMMON ORDER PASSED BY THE 3RD RESPONDENT DATED 08.04.2024 RESPONDENT EXHIBITS Exhibit-R1(a) True copy of the loan details taken by the petitioners dated nil