E.M.Joseph vs The Assistant Registrar Of ...
2024 Latest Caselaw 32133 Ker

Kerala High Court

E.M.Joseph vs The Assistant Registrar Of ... on 7 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2024:KER:83148




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                 WP(C) NO. 30362 OF 2024



PETITIONER:

         E.M.JOSEPH
         AGED 70 YEARS
         S/O MATHAI,
         EDAKAROTTU HOUSE,
         KADANADU P.O.
         KOTTAYAM DISTRICT,
         PIN - 686653


         BY ADV GEORGEKUTTY MATHEW


RESPONDENTS:

    1    THE ASSISTANT REGISTRAR OF CO-OPERATIVE
         SOCIETIES, MEENACHIL,
         MINI CIVIL STATION,
         PALA P.O.,
         KOTTAYAM DISTRICT,
         PIN - 686575

    2    THE KADANADU SERVICE CO-OPERATIVE BANK
         REPRESENTED BY ITS SECRETARY,
         KADANADU P.O.,
         KOTTAYAM DISTRICT,
         PIN - 686653
                                            2024:KER:83148
WP(C) No.30362 of 2024
                           2




    3    THE SPECIAL SALE OFFICER
         KIDANGOOR SCB GROUP,
         OFFICE OF THE ASSISTANT REGISTRAR OF CO
         OPERATIVE SOCIETIES (GENERAL)
         MEENACHIL, CIVIL STATION,
         PALA, PIN - 686575


         BY ADVS.
         V.RAJENDRAN (PERUMBAVOOR)
         N.RAJESH(K/1717/1999)
         GOPAKUMAR P.(K/1116-C/2011)
         ANAINA VARGHESE(K/001739/2024)
         SMT. SHEEJA C.S., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                                   2024:KER:83148
WP(C) No.30362 of 2024
                                 3



                            JUDGMENT

Dated this the 7th day of November, 2024

The petitioner availed a loan from the 2nd respondent-

Bank. When the petitioner failed to maintain the loan account,

the 2nd respondent-Bank initiated arbitration proceedings

invoking Section 69 of the Kerala Co-operative Societies Act,

1969 and Awards were passed against the petitioner.

2. The petitioner states that the Awards passed

against the petitioner are ex-parte Awards. The petitioner has

submitted Exts.P5 and P6 applications to set aside the two

ex-parte Awards.

3. Taking into consideration the fact that the

petitioner has invoked Order 9 Rule 13 of the Code of Civil

Procedure for setting aside the ex-parte Awards, I am of the

view that the 1st respondent should consider those

applications in accordance with law.

2024:KER:83148

The writ petition is therefore disposed of directing the

1st respondent-Assistant Registrar of Co-operative Societies to

consider Exts.P5 and P6 applications submitted by the

petitioner and take appropriate decision thereon, as

expeditiously as possible.

Sd/-

N.NAGARESH JUDGE spk 2024:KER:83148

APPENDIX OF WP(C) 30362/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO. EA 564/24 DATED 26.07.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER WITH REGARD TO LOAN NO. 3716/K

Exhibit P2 TRUE COPY OF THE NOTICE BEARING NO. EA 563/24 DATED 26.07.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE AWARD DATED 26.07.2023 IN

Exhibit P4 TRUE COPY OF THE AWARD DATED 26.07.2023 IN

Exhibit P5 TRUE COPY OF THE PETITION DATED 19.08.2024 IN ARC NO. 1058/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE PETITION DATED 19.08.2024 IN ARC NO. 1059/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 19.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BANK

Exhibit P8 TRUE COPY OF THE AGREEMENT DATED 17.08.2024 EXECUTED BETWEEN THE PETITIONER AND THE INTERESTED PURCHASER OF THE LAND NAMELY JOSE S/O VARKEY

Exhibit P9 TRUE COPY OF THE LETTER BEARING NO. E1 6821 LOANS/2024/11 DATED 21.08.2024