Kerala High Court
Baby Abraham vs The Assistant Registrar ... on 29 May, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 11430 OF 2025
PETITIONERS:
1 BABY ABRAHAM,
AGED 59 YEARS
S/O. ABRAHAM, MUTHUPLACKAL HOUSE,
THEKKUMBHAGOM KARA, KARIKODE VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT.,
PIN - 685605
2 BETTY BABY,
AGED 52 YEARS,
W/O. BABY ABRAHAM, MUTHUPLACKAL HOUSE,
THEKKUMBHAGOM KARA, KARIKODE VILLAGE,
THODUPUZHA TALUK, IDUKKI DISTRICT., PIN - 685605
BY ADVS.
SHRI.M.RETHEESHKUMAR
SHRI.MUHAMED JUNAID V.
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (CO-OPERATION) -
THODUPUZHA
OFFICE OF THE ASSISTANT REGISTRAR, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685584
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W.P (C) No.11430 & 11487 of 2025
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2 THE SPECIAL SALE OFFICER,
MUTTAM SCB (GROUP), OFFICE OF THE CO-OPERATIVE
ASSISTANT REGISTRAR, THODUPUZHA,
IDUKKI DISTRICT., PIN - 685584
3 THE ALAKODE SERVICE CO.OPERATIVE SERVICE BANK,
H.O. THODUPUZHA., THODUPUZHA, IDUKKI;
REPRESENTED BY ITS SECRETARY., PIN - 685584
BY ADVS.
SRI.LIJI.J.VADAKEDOM
SHRI.ATHUL V. VADAKKEDOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2025, ALONG WITH WP(C).11487/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 11487 OF 2025
PETITIONER:
BABY ABRAHAM,
AGED 59 YEARS,
S/O. ABRAHAM, MUTHUPLACKAL HOUSE,
THEKKUMBHAGOM KARA, KARIKODE VILLAGE,
THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
BY ADVS.
SHRI.M.RETHEESHKUMAR
SHRI.MUHAMED JUNAID V.
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (CO-OPERATION) -
THODUPUZHA
OFFICE OF THE ASSISTANT REGISTRAR,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685584
2 THE SPECIAL SALE OFFICER
MUTTAM SCB (GROUP), OFFICE OF THE CO-OPERATIVE
ASSISTANT REGISTRAR,
THODUPUZHA, IDUKKI DISTRICT,
PIN - 685584
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
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3 THE ALAKODE SERVICE CO-OPERATIVE SERVICE BANK
H.O. THODUPUZHA., THODUPUZHA, IDUKKI ;
REPRESENTED BY ITS SECRETARY., PIN - 685584
BY ADVS.
SRI.LIJI.J.VADAKEDOM
SHRI.ATHUL V. VADAKKEDOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2025, ALONG WITH WP(C).11430/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
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K.BABU, J.
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W.P (C) Nos.11430 & 11487 of 2025
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Dated this the 29th day of May, 2025
JUDGMENT
The petitioners availed a loan from respondent No.3 Co-
operative Bank. They committed default in repaying the amount.
The bank initiated arbitration proceedings by filing ARC
Nos.2400/2018, 2406/2018, 3495/2022 and 3499/2022.
2. The petitioners challenge the awards passed in the
arbitration cases and also the sale notice proposing the sale of
immovable property mortgaged with the bank.
3. The learned counsel for the petitioners submitted that the
Arbitrator passed ex-parte awards against the petitioners and that
the petitioners intend to file applications to set aside ex-parte
awards.
4. The learned counsel for the bank submits that the
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W.P (C) No.11430 & 11487 of 2025
challenge in the writ petitions is to the sale, which was scheduled
to happen on 21.03.2025, and the said sale had not taken place.
Having regard to the submissions, the Writ Petitions have
become infructuous. Therefore, the Writ Petitions are closed as
infructuous with liberty to the petitioners to approach the Arbitrator
seeking to set aside the ex-parte awards.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
APPENDIX OF WP(C) 11430/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AWARD PASSED BY
THE 2ND RESPONDENT IN ARC NO. 2406/2018
AGAINST THE 1ST PETITIONER DATED
31.01.2022
Exhibit P2 THE TRUE COPY OF THE AWARD PASSED BY
THE 2ND RESPONDENT IN ARC NO. 3495/2022
AGAINST THE 2ND PETITIONER DATED
29.12.2022
Exhibit P3 THE TRUE COPY OF THE AWARD PASSED BY
THE 2ND RESPONDENT IN ARC NO. 3499/2022
AGAINST THE 2ND PETITIONER DATED
29.12.2022
Exhibit P4 THE TRUE COPY OF DEMAND NOTICE DATED
14.01.2025 TO THE 1ST PETITIONER
Exhibit P5 THE TRUE COPY OF THE AUCTION
PUBLICATION DATED 14.02.2025 ISSUED BY
THE 2ND RESPONDENT TO THE 1ST
PETITIONER
2025:KER:38074
W.P (C) No.11430 & 11487 of 2025
APPENDIX OF WP(C) 11487/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AWARD PASSED BY
THE 2ND RESPONDENT IN ARC NO. 2400/2018
AGAINST THE PETITIONER DATED 31.01.2022
Exhibit P2 THE TRUE COPY OF THE AUCTION
PUBLICATION DATED 14.02.2025 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
