Kerala High Court
T P Muhamad Basheer vs Kalpathur Service Co-Operative Bank ... on 13 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:70200
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 28540 OF 2024
PETITIONER:
T P MUHAMAD BASHEER
AGED 58 YEARS
S/O SOOPY, THAYYULLAPARAMBIL,
KOZHUKKALOR VILLAGE,QUILANDY TALUK,
KOZHIKODE, PIN - 673524
BY ADVS.
DEVAPRASANTH.P.J.
SMINI JOSE
AMRUTHA
RESPONDENTS:
1 KALPATHUR SERVICE CO-OPERATIVE BANK LIMITED
KALPATHUR P O, KOZHIKODE
REPRESENTED BY IT'S SECRETARY, PIN - 673524
2 DEPARTMENT OF CO-OPERATION
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
REPRESENTED BY IT'S SECRETARY TO GOVT.,
PIN - 695001
2024:KER:70200
WP(C) No.28540 of 2024
2
3 ASSISTANT REGISTRAR (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETY(GENERAL)
SAHAKARANA BHAVAN,KOYILANDY,
KOZHIKODE,KERALA, PIN - 673305
BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN(K/2573/1999)
SMT.MABLE C. KURIAN, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:70200
WP(C) No.28540 of 2024
3
JUDGMENT
Dated this the 13th day of September, 2024
The petitioner is a practicing Lawyer. On 17.12.2009,
the petitioner availed a loan for an amount of ₹25,000/- from
the 1st respondent-Bank. The entire loan was repaid by the
petitioner. But the then Secretary to the 1st respondent-Bank
had manipulated the records and embezzled the money from
the Bank and now there are no records which would go to
show that the petitioner has repaid the money.
2. Now, the Bank has filed Ext.P3 Execution
Petition for recovery of the amount with interest due as per
Ext.P2 Award. Ext.P2 Award was passed without providing an
opportunity to the petitioner to be heard and that is an ex-
parte Award also. The petitioner has filed Exts.P4 and P5
applications to set aside the ex-parte order way back in 2023.
2024:KER:70200
The 3rd respondent is not considering the same and the
Munsiff's Court is proceeding with Ext.P3 Execution Petition.
Hence, the petitioner approached this Court for early disposal
of Exts.P4 and P5 petitions to set aside Ext.P2 ex-parte
Award and for consequential reliefs.
3. I have heard the learned counsel for the
petitioner, the learned Standing Counsel representing the
1st respondent and the learned Government Pleader
representing the 3rd respondent.
4. The limited prayer of the petitioner is to direct
the 3rd respondent to consider Exts.P4 and P5 applications.
Ext.P4 is an application seeking to set aside ex-parte order.
Ext.P5 is a delay condonation petition. Exts.P4 and P5 being
applications of statutory nature, it would be only just and
proper that the 3rd respondent considers the same in
accordance with law. The Standing Counsel for the
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1st respondent would submit that the applications themselves
are not maintainable. If that be so, it is for the 3 rd respondent
to consider the same while processing Exts.P4 and P5
applications.
In the circumstances, the writ petition is disposed of
directing the 3rd respondent / competent Arbitrator to consider
Exts.P4 and P5 applications and take appropriate decision
thereon adverting to the maintainability issue also. Execution
Proceedings against the petitioner shall stand deferred till the
3rd respondent takes a decision in the matter.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:70200
APPENDIX OF WP(C) 28540/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ARC 573/2020 PETITION
FILED BY THE FIRST RESPONDENT BEFORE
THE THIRD RESPONDENT
Exhibit P2 TRUE COPY OF THE EXPARTE AWARD DATED
03.09.2021 PASSED BY THE THIRD
RESPONDENT
Exhibit P3 TRUE COPY OF THE EXECUTION PETITION
175/2022 DATED 15.08.2022 FILED BY THE
FIRST RESPONDENT
Exhibit P4 TRUE COPY OF THE PETITION DATED
08.06.2023 FILED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT TO
SETASIDE EXPARTE AWARD.
Exhibit P5 TRUE COPY OF THE DELAY PETITION DATED
08.06.2023 FILED BY THE PETITIONER
BEFORE THE THIRD RESPONDENT TO CONDONE
THE DELAY
