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High Court of Kerala · body

2025 DAILYLAW 3089 (KER)

VIJAYAN v. The Joint Registrar of Co-operative Societies,

WP(C)/1700/2025 · 2025-04-07

Murali Purushothaman

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) No.1700 of 2025 1 2025:KER:29991 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.1700 OF 2025 PETITIONERS: 1 VIJAYAN, AGED 67 YEARS, S/O.THANKAM PISHARASIAR, KOTTOOR PISHARAM, PONJANAM PO, PONJANAM, THRISSUR DISTRICT, PIN - 680702 2 SHOBHA VIJAYAN, AGED 57 YEARS, W/O.VIJAYAN AGED 57 YEARS, KOTTOOR PISHARAM, PONJANAM PO, PONJANAM, THRISSUR DISTRICT, PIN - 680702 BY ADV O.D.SIVADAS RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPUAM, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121 2 KATTOOR SERVICE CO-OPERATIVE BANK LTD. NO.426, KATTOOR PO, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 680125 BY ADVS.JOJO C.A. JOSEPH ANU A.A(K/000492/2021) V.K.SUNIL, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.1700 of 2025 2 2025:KER:29991 JUDGMENT The loans availed by the petitioners from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings. Exts.P1 to P3 are the ex parte awards against the petitioners. The petitioners have filed Exts.P4 to P6 applications to set aside the ex parte awards. They seek for a direction to the 1st respondent to consider the said applications. 2. Sri.Jojo C.A., the learned Counsel for the Society as well as Sri.V.K.Sunil, learned Senior Government Pleader, submits that Exts.P4 to P6 applications filed by the petitioners have been rejected on 13.03.2025. In the said circumstances, without prejudice to the right of the petitioners to challenge the orders rejecting the aforesaid WP(C) No.1700 of 2025 3 2025:KER:29991 applications, this writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/07/04/2025 WP(C) No.1700 of 2025 4 2025:KER:29991 APPENDIX OF WP(C) 1700/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 16.05.2023 PASSED BY THE 1ST RESPONDENT IN ARC NO.1159/2023 Exhibit P2 TRUE COPY OF THE AWARD DATED 16.05.2023 PASSED BY THE 1ST RESPONDENT IN ARC NO.1160/2023 Exhibit P3 TRUE COPY OF THE AWARD DATED 16.05.2023 PASSED BY THE 1ST RESPONDENT IN ARC NO.1161/2023 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 11.11.2024 FOR SETTING ASIDE THE EXPARTE AWARD DATED 16.05.2023 SUBMITTED BY THE 1ST PETITIONER IN ARC NO.1159/2020 Exhibit P5 TRUE COPY OF THE APPLICATION DATED 11.11.2024 FOR SETTING ASIDE THE EXPARTE AWARD DATED 16.05.2023 SUBMITTED BY THE 2ND PETITIONER IN ARC NO.1160/2023 Exhibit P6 TRUE COPY OF THE APPLICATION DATED 11.11.2024 FOR SETTING ASIDE THE EXPARTE AWARD DATED 16.05.2023 SUBMITTED BY THE DAUGHTER OF THE PETITIONERS IN ARC NO.1161/2023