Femila vs The Assistant Registrar (General)
2024 Latest Caselaw 26394 Ker

Kerala High Court

Femila vs The Assistant Registrar (General) on 3 September, 2024

                                                 2024:KER:66617




           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. 30904 OF 2024

PETITIONER:

          FEMILA
          AGED 53 YEARS
          W/O ALI, VALIYAKATH VALIYAVARAMBATH,
          MARUTHAYOUR DESOM, CHAVAKKAD TALUK,
          PAVARATTY, THRISSUR, PIN - 680507


          BY ADVS.
          ANAND KALYANAKRISHNAN
          C.DHEERAJ RAJAN




RESPONDENTS:

    1     THE ASSISTANT REGISTRAR (GENERAL)
          CO-OPERATIVE SOCIETIES, FRIENDSHIP NAGAR,
          CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506

    2     SPECIAL SALE OFFICER
          PAVARATTY SERVICE CO-OPERATIVE BANK GROUP,
          OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF
          COOPERATIVE SOCIETIES, FRIENDSHIP NAGAR,
          CHAVAKKAD, THRISSUR, PIN - 680506

    3     PAVARATTY SERVICE CO-OPERATIVE BANK NO. 3918
          PAVARATTY AMSOM, PAVARATTY DESOM,
          CHAVAKKAD TALUK,THRISSUR DISTRICT
          REPRESENTED BY SECRETARY, PIN - 680507
                                                 2024:KER:66617
WP(C) No.30904 of 2024
                              2
     4     ALI
           AGED 63 YEARS
           S/O KADHAR, VALIYAKATH VALIYAVARAMBATH,
           MARUTHAYOUR DESHAM, CHAVAKKAD TALUK,
           PAVARATTY, THRISSUR, PIN - 680507

           SMT.SHEEJA C.S., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                       2024:KER:66617
WP(C) No.30904 of 2024
                                3

                           JUDGMENT

Dated this the 3rd day of September, 2024

The petitioner has filed Exts.P3 and P4 applications for

setting aside an ex-parte Award issued by the 1 st respondent

herein.

2. Pending the above proceedings, it is pointed out

that coercive steps are being taken pursuant to the ex-parte

Award.

Taking note of the above factual position as well as the

submissions of Sri.C. Dheeraj Rajan, the learned counsel for the

petitioner, this writ petition would stand disposed of directing the

1st respondent to consider and pass orders on Exts.P3 and P4

applications, within a period of two months from today. In the

meantime, all further proceedings pursuant to Exts.P1 and P2

issued by 2nd respondent would remain stayed.

Sd/-

HARISANKAR V. MENON JUDGE

spk 2024:KER:66617

APPENDIX OF WP(C) 30904/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF DEMAND NOTICE DATED 09.08.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 THE TRUE COPY OF THE NOTICE OF AUCTION DATED 09.08.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE PETITION DATED 23.08.2024 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN ARC NO.215/2021 SEEKING TO SET ASIDE EXPARTE AWARD

Exhibit P4 THE TRUE COPY OF THE PETITION DATED 23.08.2024 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN ARC NO.215/2021 SEEKING CONDONE THE DELAY IN FILING OF PETITION TO SET-ASIDE EXPARTE AWARD

Exhibit P5 THE TRUE COPY OF THE COPY APPLICATION FOR RECEIVING THE COPY OF THE AWARD AND THE DETAILS OF THE EXECUTION PETITION PREFERRED BEFORE THE 1ST RESPONDENT DATED 23.08.2024