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2025 DAILYLAW 3956 (KER)

SINI BIPIN v. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

WP(C)/8047/2025 · 2025-03-28

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27359 WP(C) No.8047 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 8047 OF 2025 PETITIONERS: 1 SINI BIPIN AGED 43 YEARS W/O. BIPIN DAS CHANDRANKUNNEL HOUSE MEENACHIL TALUK KOTTAYAM-, PIN - 686651 2 SMT. MARYKUTTY DAS AGED 70 YEARS W/O. DAS JOSE CHANDRANKUNNEL HOUSE MEENACHIL TALUK KOTTAYAM-, PIN - 686651 3 SANOOJ TOM AGED 42 YEARS S/O. JOSE MANIYAMMAKKAL HOUSE MEENACHIL TALUK KOTTAYAM-, PIN - 686651 BY ADVS. BINDUMOL JOSEPH C.P.GOPIKA RESPONDENTS: 1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) MEENACHIL PALA P O, KOTTAYAM, PIN - 686575 2025:KER:27359 WP(C) No.8047 of 2025 2 2 SPECIAL SALE OFFICER THALAPPALAM SERVICE CO-OPERATIVE BANK GROUP MEENACHIL PALA P O, KOTTAYAM, PIN - 686575 3 VALAVOOR SERVICE CO-OPERATIVE BANK LTD. REPRESENTED BY ITS SECRETARY ANTHINAD BRANCH KOTTAYAM DISTRICT-, PIN - 686651 BY ADVS. Shaji Thomas JEN JAISON(K/000208/2017) THOMASKUTTY SEBASTIAN(K/623/1987) MABLE C. KURIAN, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27359 WP(C) No.8047 of 2025 3 JUDGMENT The loan availed by the 1 st petitioner from the 3 rd respondent Society fell in arrears. The petitioners 2 and 3 are the guarantors. The Society initiated arbitration proceedings against the petitioners. Ext.P1 is the ex parte Award. Contending that Ext.P1 Award was passed without notice to the petitioners, they have preferred Ext.P2 application to set aside the ex parte Award. 2. The limited prayer of the petitioners in this writ petition is for a direction to the 2 nd respondent to consider Ext.P2 application. 3. Heard the learned counsel for the petitioners and the learned counsel for the Society. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2 nd respondent to consider Ext.P2 application as expeditiously as possible, at any rate, within a period of six weeks, after hearing the petitioners and the Society and in 2025:KER:27359 WP(C) No.8047 of 2025 4 accordance with law. This writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27359 WP(C) No.8047 of 2025 5 APPENDIX OF WP(C) 8047/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD IN ARC NO. 3719/2022 DATED 28.02.2023 Exhibit P2 A TRUE COPY OF THE APPLICATION IN ARC NO. 3719/2022 DATED 20.02.2025 RESPONDENT EXHIBITS Exhibit R3(a) True photocopy of the endorsement dated 08.02.2023 made by the petitioners regarding the receipt of the summons issued by the Arbitrator in A.R.C No. 3719/2022