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Fredy K Thazhath vs Vattanathra Service Co-Operative Bank ...
2025 Latest Caselaw 8372 Ker

Citation : 2025 Latest Caselaw 8372 Ker
Judgement Date : 29 April, 2025

Kerala High Court

Fredy K Thazhath vs Vattanathra Service Co-Operative Bank ... on 29 April, 2025

                                                   2025:KER:33337

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR. JUSTICE S.MANU

 TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                    WP(C) NO. 17204 OF 2025

PETITIONERS:

    1     FREDY K THAZHATH
          AGED 59 YEARS
          S/O T A, KUNJANTHONY, THAZAHATH HOUSE,
          CHENDAMKULAM ROAD, VATTANATHARA P.O THRISSUR,
          PIN - 680302
    2     JAYADEVI
          AGED 56 YEARS
          W/O FREDY K THAZHATH, THAZAHATH HOUSE,
          CHENDAMKULAM ROAD, VATTANATHARA P.O,
          THRISSUR, PIN - 680302
          BY ADVS.
          M.A.SULFIA
          ABDUL JALEEL.A


RESPONDENTS:
    1     VATTANATHRA SERVICE CO-OPERATIVE BANK LTD
          MUKUNTHAPURAM, REPRESENTED BY ITS
          SECRETARY/MANAGER, VATTANTHRA P.O,
          THRISSUR, PIN - 680302
    2     THE SPECIAL SALE OFFICER
          (VATTANATHRA SCB GROUP), ASSISTANT REGISTRAR (G)
          OFFICE, MUKUNDAPURAM, THRISSUR, PIN - 680302
    3     STATE OF KERALA, REPRESENTED BY THE REGISTRAR OF
          COOPERATIVE SOCIETIES,
          DEPARTMENT OF CO-OPERATIVE SOCIETY, THRIVANDRUM,
          PIN - 695014



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:33337

W.P.(C).No.17204 of 2025
                                  :2:



                           S. MANU, J.
                    ------------------------------------
                  W.P.(C).No.17204 of 2025
                    ------------------------------------
               Dated this the 29th day of April, 2025

                            JUDGMENT

Exts.P1 and P1(a) awards were passed against the

petitioners on 27.04.2023 by the 2nd respondent. The

petitioners submitted that there was no notice or intimation

regarding the hearing and the awards were passed ex-

parte. The petitioners have submitted Exts.P3 and P3(a)

applications for setting aside ex-parte awards. Those

applications were filed on 03.04.2025.

The learned counsel for the petitioners submitted

that the petitioners will be satisfied if a direction is issued to

the 2nd respondent to consider and pass orders on Exts.P3

and P3(a) applications. Without expressing any opinion on

merits, this writ petition is disposed of directing the 2 nd

respondent to consider Exts.P3 and P3(a) applications in

accordance with law and pass appropriate orders after 2025:KER:33337

affording an opportunity of being heard to the petitioners

and Co-operative Bank within a period of two months from

the date of receipt of a copy of this judgment.

sd/-

S.MANU, JUDGE.

Raj.

2025:KER:33337

APPENDIX OF WP(C) 17204/2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AWARD DATED 27/04/2023 IN FILE NO. 1392/23 (ML 22174) PASSED BY THE 2ND RESPONDENT Exhibit P1(a) THE TRUE COPY OF THE AWARD DATED 27/04/2023 IN FILE NO. 1398/23 (ML 22194) PASSED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF DEMAND NOTICES DATED 27/01/2024 (EP 207/24 & 212/24) ISSUED BY THE 2ND RESPONDENT IN FILE NO. 1392/23 (ML 22174)

Exhibit P2(a) A TRUE COPY OF DEMAND NOTICES DATED 27/01/2024 (EP 207/24 & 212/24) ISSUED BY THE 2ND RESPONDENT IN FILE NO. 1398/23 (ML 22194) Exhibit P3 THE TRUE COPY OF APPLICATIONS DATED 3/04/2025 FILED FOR SETTING ASIDE EX- PARTE AWARD IN FILE NO. 1392/23 (ML 22174) Exhibit P3(a) THE TRUE COPY OF APPLICATIONS DATED 3/04/2025 FILED FOR SETTING ASIDE EX- PARTE AWARD IN FILE NO. 1398/23 (ML 22194)

Exhibit P4 THE TRUE COPY OF DISCHARGE SUMMARY/MEDICAL RECORDS DATED 11/2/2020 ISSUED BY THE DEPARTMENT OF CARDIOLOGY

Exhibit P5 THE TRUE COPY OF DISCHARGE SUMMARY DATED 14/1/2021 SERVED FROM NHC HOSPITAL, THRISSUR

Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO. 42013/2024 DATED 10/03/2025

 
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