WP(C) No.3208 of 2025 1 2025:KER:26367 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO.3208 OF 2025 PETITIONERS: 1 DINESH, AGED 51 YEARS S/O NANAPPAN OLIPPILAKKATTU HOUSE, MATHIRIAPPILLY KARA,MATHIRIAPPILLY P.O. KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK ERNAKULAM DISTRICT, PIN - 686691 2 BINDHU SATHYAN, AGED 45 YEARS W/O SATHYAN, MALAYIL HOUSE, MATHIRIAPPILLY KARA, MATHIRIAPPILLY P.O., KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT, PIN - 686691 BY ADVS. P.V.ELIAS N.N.ELAYATH RESPONDENTS: 1 MATHIRAPPILLY SERVICE CO-OPERATIVE BANK LTD. NO. 1577 MATHIRAPPILLY P.O.KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 686691 WP(C) No.3208 of 2025 2 2025:KER:26367 2 THE SPECIAL SALES OFFICER KOZHIPPILLY S.C. B.GROUP , OFFICE OF THE COOPERATIVE SOCIETY ASSISTANT REGISTRAR (GENERAL ) KOTHAMANGALAM , KOTHAMANGALAM P.O.,ERNAKULAM DISTRICT, PIN - 686691 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.)(K/000570/1979) ANSHIN K.K(K/1249/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.3208 of 2025 3 2025:KER:26367 JUDGMENT The loan availed by the petitioners from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings. Ext.P2 is the ex parte award. Petitioners have filed Ext.P3 application before the 3rd respondent to set aside Ext.P2 award. The grievance of the petitioners is that, pending Ext.P3 application, the Society is proceeding with steps pursuant to Ext.P2. 2. Since Ext.P3 application is pending consideration before the 2nd respondent, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3 in accordance with law with notice to the petitioners and the Society, within a period of six weeks from the date of receipt of a WP(C) No.3208 of 2025 4 2025:KER:26367 certified copy of this judgment. Till orders are passed and communicated to the petitioners, there shall not be any coercive proceedings against them. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/27/03/2025 WP(C) No.3208 of 2025 5 2025:KER:26367 APPENDIX OF WP(C) 3208/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO. 2547/2024 DATED 26.11.2024 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONERS Exhibit P2 TRUE COPY OF THE EXPARTE AWARD DATED 3.7.2023 IN A.R.C.NO. 2283/2021 ON THE FILE OF THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS TO THE 2 ND RESPONDENT DATED 3.12.2024 Exhibit P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS TO THE 2 ND RESPONDENT DATED 3.12.2024 Exhibit P4(a) TRUE COPY OF THE ACKNOWLEDGMENT CARD DATE 5/12/2024 Exhibit P5 TRUE COPY OF THE NOTICE DATED 9/1/2025 ISSUED BY THE 2 ND RESPONDENT RESPONDENT EXHIBITS Exhibit-R1(a) TRUE COPY OF THE PLAINT AND SUMMONS DATED 03.06.2023 SERVED TO THE 1ST PETITIONER. Exhibit-R1(b) TRUE COPY OF THE PLAINT AND SUMMONS DATED 03.06.2023 SERVED TO THE 2ND PETITIONER Exhibit-R1(c) TRUE COPY OF THE AWARD IN ARC NO. 2283/21 DATED 03.07.2023 ALONG WITH THE ACKNOWLEDGEMENT CARD SERVED TO THE PETITIONERS