W.P(C) No.6364 of 2025 1 2025:KER:26344 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.6364 OF 2025 PETITIONERS: 1 BINDHUBHAI AGED 51 YEARS W/O PRAKASAN, OLIPPILAKKATTU HOUSE, MATHIRAPPILLY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK , ERNAKULAM DISTRICT, PIN - 686691 2 DINESH AGED 51 YEARS S/O NANAPPAN, OLIPPILAKKATTU HOUSE, ,MATHIRAPPILLYKARA, MATHIRIPPILLYP.O.,KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,ERNAKULAM DISTRICT, PIN - 686691 3 BINDHU SATHYAN AGED 45 YEARS W/O SATHYAN, MALAYIL HOUSE, MATHIRAPPILLY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686691 BY ADVS. P.V.ELIAS SREEJITH P.V. N.N.ELAYATH W.P(C) No.6364 of 2025 2 2025:KER:26344 RESPONDENTS: 1 MATHIRAPPILLY SERVICE CO-OPERATIVE BANK LTD. NO.1577 MATHIRAPPILLY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 686691 2 THE COOPERATIVE SOCIETY ASSISTANT REGISTRAR (GENERAL ), KOTHAMANGALAM, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 686691 3 THE SPECIAL SALES OFFICER KOCHIPPILLY S.C. B.GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) KOTHANANGALAM, 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: W.P(C) No.6364 of 2025 3 2025:KER:26344 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 3rd respondent, there will be a direction to the 3rd 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 W.P(C) No.6364 of 2025 4 2025:KER:26344 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 W.P(C) No.6364 of 2025 5 2025:KER:26344 APPENDIX OF WP(C) 6364/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE BEARING NO. 2548/2024 DATED 03.072024 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONERS Exhibit P2 TRUE COPY OF THE EXPARTE AWARD DATED 3.72024 IN A.R.CNO. 2284/2021 ON THE FILE OF THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 3.12.2024 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS TO THE 2ND 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 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 27.01.2025 PASSED BY THIS HONOURABLE CURT IN W.P ( C)NO. 3208 OF 2025 RESPONDENT EXHIBITS Exhibit-R1(b) TRUE COPY OF THE PLAINT AND SUMMONS SERVED TO THE 2ND PETITIONER DATED 03.06.2023 Exhibit-R1(c) TRUE COPY OF THE PLAINT AND SUMMONS SERVED TO THE 3RD PETITIONER DATED 03.06.2023 W.P(C) No.6364 of 2025 6 2025:KER:26344 Exhibit-R1(a) TRUE COPY OF THE PLAINT AND SUMMONS SERVED TO THE 1ST PETITIONER DATED 03.06.2023. Exhibit-R1(d) TRUE COPY OF THE AWARD IN ARC 2284/2021 DATED 03.07.2023 ALONG WITH THE ACKNOWLEDGEMENT CARD SERVED TO THE PETITIONERS