C.P. Joy vs The Special Sale Officer/ Arbitrator
2024 Latest Caselaw 26251 Ker

Kerala High Court

C.P. Joy vs The Special Sale Officer/ Arbitrator on 3 September, 2024

                                 1
W.P.(C) No.31053 of 2024

                                                       2024:KER:66521

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                           WP(C) NO. 31053 OF 2024

PETITIONER:

               C.P. JOY
               AGED 61 YEARS, S/O PORINCHU,
               RESIDING AT CHIRIYANKANDATH HOUSE,
               CIVIL LINE QUARTERS ROAD, AYYANTHOLE,
               THRISSUR, PIN - 680003

               BY ADVS.
               C.D.DILEEP
               SHYLAJA VARGHESE
               DHEERAJ PRADEEP C.

RESPONDENTS:

1              THE SPECIAL SALE OFFICER/ ARBITRATOR
               AYYANTHOLE SCB LTD NO.494,
               OFFICE OF THE ASSISTANT REGISTRAR
               COOPERATIVE (GENERAL), SAHAKARANA BHAVAN,
               AYYANTHOLE THRISSUR, PIN - 680003
2              THE AYYANTHOLE SERVICE COOPERATIVE BANK LTD.
               NO. 494, AYYANTHOLE, THRISSUR, PIN - 680003
               REPRESENTED BY ITS SECRETARY
               BY ADV.
               SMT.RESMI THOMAS - GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.31053 of 2024

                                                               2024:KER:66521



                   HARISANKAR V. MENON, J.
            ------------------------------
                   W.P.(C) No.31053 of 2024
            ------------------------------
            Dated this the 3rd day of September, 2024

                                 JUDGMENT

The petitioner has filed Ext.P2 application for setting aside

an ex-parte Award and Ext.P3 application for condonation of delay

in filing the application at Ext.P2, before the 1st respondent herein.

2. Pending the above applications, the petitioner

complains that coercive steps are being taken as evidenced by

Ext.P4 issued by the 1st respondent herein.

Taking into account the averments in the writ petition as well

as the submissions made across the Bar, this writ petition would

stand disposed of directing the 1st respondent to consider and pass

orders on Exts.P2 and P3, within a period of 30 days from the date

of receipt of a certified copy of the judgment.

In the meantime, all further proceedings pursuant to Ext.P4

would remain stayed.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:66521

APPENDIX OF WP(C) 31053/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE AWARD OF ARC.NO.R.10224/2015 DATED 22.08.2016 OF THE 1ST RESPONDENT.

Exhibit-P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER ORDER 9 RULE 13 OF THE CPC TO SET ASIDE THE EXT-P1 AWARD DATED 29.08.2024 Exhibit-P3 A TRUE COPY OF THE DELAY CONDONATION PETITION FILED BY THE PETITIONER DATED 29.08.2024 Exhibit-P4 A TRUE COPY OF THE DEMAND NOTICE BEFORE ATTACHMENT, DATED 23.08.2024 OF THE 1ST RESPONDENT.

Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 24.01.2024 IN WP(C) 2341 OF 2024 OF THIS HON'BLE COURT