Kerala High Court
Krishnankutty Nair vs Mavoor Service Cooperative Bank Ltd. ... on 4 June, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:39351
W.P (C) No.11841 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 11841 OF 2025
PETITIONER:
KRISHNANKUTTY NAIR,
AGED 78 YEARS,
S/O.GOVINDA KURUP,
VILAKKUMADATHIL HOUSE,
PERUVAYAL P.O.,KAYALAM,
KOZHIKODE DISTRICT,
PIN - 673008
BY ADV SRI.K.M.SATHYANATHA MENON
RESPONDENTS:
1 MAVOOR SERVICE COOPERATIVE BANK LTD. NO.F 1247
REPRESENTED BY ITS SECRETARY,
MAVOOR P.O.,
KOZHIKODE DISTRICT,
PIN - 673661
2 THE SPECIAL SALE OFFICER,
MAVOOR SERVICE COOPERATIVE BANK LTD.,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF
COOPERATIVE SOCIETIES,
KOZHIKODE,
PIN - 673004
2025:KER:39351
W.P (C) No.11841 of 2025
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BY ADV
SHRI.M.SASINDRAN
SMT.C.S.SHEEJA, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (C) No.11841 of 2025
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K.BABU, J.
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W.P (C) No.11841 of 2025
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Dated this the 4th day of June, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"a) Issue a writ of mandamus or any other
appropriate writ, direction or order directing the
3rd respondent to take up Ext P3 application filed
by the petitioner and pass orders thereon within a
time period as fixed by this Hon'ble Court and to
keep in abeyance the execution proceedings in Ext
P1 award;
b) Issue a writ of mandamus or any other
appropriate writ, direction or order directing
respondents 1 and 2 not to proceed against the
property of the petitioner having an extent of
29.34 Ares [72.47 cents] comprised in Re-sy No:
8,4/2 in Kozhikode Taluk, Kozhikode District,
pending disposal of Ext P3 application;
c) To dispense with the production of the English
translation of the vernacular documents produced
in the writ petition;
d) To grant such other reliefs as this Honourable
Court may deem just and proper in the
circumstances of the case.
e) To allow the Writ Petition (civil)."
2. Heard both sides.
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3. The case of the petitioner is that without serving notice of
the proceedings, the Arbitrator passed an ex-parte award against
him. It is submitted that the petitioner filed Ext.P3 application
seeking to set aside the ex-parte award. The grievance of the
petitioner is that without considering Ext.P3 application, recovery
proceedings have been initiated against him. Relying on Rema Devi
and Others v. Joint Registrar (General) of Co-operative Societies,
Ekm and Another [2016 (3) KHC 645], it is submitted that the
Arbitrator has power to set aside an ex-parte award.
4. The learned Standing Counsel for the bank submitted that
the amount due to the bank comes to around Rs.39,00,000/-
(Rupees Thirty Nine Lakhs only). The learned Standing Counsel
prayed for directing the petitioner to deposit the admitted amount.
5. The learned Government Pleader submitted that in all
proceedings before the Arbitrator, notices are issued to the
respondent by way of registered post with acknowledgement due.
6. In view of the law laid down by this Court in Remadevi, this
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Court feels that an opportunity is to be given to the petitioner to
prosecute Ext.P3 application seeking to set aside the ex-parte
award.
7. The Writ Petition is, therefore, disposed of directing the
Arbitrator, who passed Ext.P1 award, to consider Ext.P3 application
and pass orders on the same at the earliest, at any rate, within two
months from the date of receipt of a copy of this judgment. The
petitioner shall be given sufficient opportunity of hearing before the
disposal of Ext.P3. The coercive steps initiated against the
petitioner shall stand deferred till the disposal of Ext.P3 application.
The Writ Petition (Civil) is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:39351
APPENDIX OF WP(C) 11841/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ARBITRATION AWARD
NO: 9780/2022 DATED 30.10.2023 PASSED
BY THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 20.2.
2025 ISSUED UNDER RULE 81 (B) (D) OF
KERALA CO-OPERATIVE SOCIETIES RULES BY
THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
22.02.2025 FORWARDED BY THE 1ST
PETITIONER TO SET ASIDE THE EXPARTE
AWARD IN ARC NO: 9780/2022
Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIVED FOR EXT P3
Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.P.[C]
NO. 42325/2022 DATED 16.01.2023
Exhibit P6 A TRUE COPY OF THE JUDGMENT IN W.P.[C]
NO. 4130/2024 DATED 02.02.2024
