Kerala High Court
Unnikrishnan vs State Of Kerala on 22 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:78609
W.P.(C) No.32692/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 22ND DAY OF OCTOBER 2024/30TH ASWINA, 1946
WP(C) NO. 32692 OF 2024
PETITIONER:
UNNIKRISHNAN,
AGED 64 YEARS,
S/O NARAYANAN,
EDACHALIL HOUSE,
CHAVAKKAD TALUK,
VALAPPAD VILLAGE,
CHAMAKKALA P.O,
THRISSUR,
PIN - 680687
BY ADVS.
K.I.SAGEER
MUHAMMED YASIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY CO-OPERATION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695001
2 INSPECTOR/ ARBITRATOR,
OFFICE OF ASSISTANT REGISTRAR GENERAL
CHAVAKKAD,
THRISSUR,
PIN - 680506
2024:KER:78609
W.P.(C) No.32692/2024
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3 SECRETARY,
EDAMUTTAM SERVICE CO-OPERATIVE BANK LIMITED,
EDAMUTTAM P.O,
THRISSUR, PIN - 680568
BY ADV.
SMT.SHEEJA C.S., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:78609
W.P.(C) No.32692/2024
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JUDGMENT
Dated this the 22nd day of October, 2024
The petitioner, who availed a loan of ₹10 lakhs in the
year 2016 from the Edamuttam Service Co-operative Bank
Ltd., is before this Court seeking to direct the 3 rd respondent
to keep in abeyance all further proceedings pursuant to
Ext.P1 Award till the Revision Petition is filed.
2. Pleadings would indicate that on the failure
of the petitioner to repay the loan taken, arbitration
proceedings were initiated by the Bank. The Arbitrator passed
Ext.P1 Award. The petitioner would submit that though the
petitioner filed an Appeal, the Registry of Co-operative
Appellate Tribunal refuses to number the same stating that
the Appeal is belated.
2024:KER:78609
3. The petitioner states that as the Appeal is
returned by the Tribunal, the petitioner wants to file a
Revision Petition. Therefore, the petitioner approached this
Court seeking to direct the 3rd respondent to keep all further
proceedings pursuant to Ext.P1 Award in abeyance till the
Revision Petition is filed before the 2nd respondent.
4. When the writ petition came up for
admission on 13.09.2024, taking into consideration the limited
request of the petitioner, an interim order was passed to the
following effect:
"The petitioner seeks a breathing
time to file Revision Petition before the
Tribunal as the appeal filed by him has been
returned.
The petitioner may file Revision
Petition.
Post on 30.09.2024.
Coercive proceedings against the
petitioner shall stand deferred till then."
5. On the basis of the interim order, the
petitioner got more than one month time to prefer the
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Revision Petition. In the circumstances, I am of the view that
the writ petition can be disposed of.
The writ petition is accordingly disposed of permitting
the petitioner to file/prosecute Revision Petition, if any, before
the Revisional Authority.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:78609
APPENDIX OF WP(C) 32692/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE AWARD DATED
24.02.2022 OF THE 2ND RESPONDENT
Exhibit-P2 A TRUE COPY OF THE APPEAL MEMORANDUM
DATED 29.08.2024
Exhibit-P3 A TRUE COPY OF THE DELAY CONDONATION
PETITION DATED 29.08.2024.
