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2025 DAILYLAW 3968 (KER)

SMT. MARYKUTTY DAS v. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

WP(C)/8057/2025 · 2025-03-28

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27351 WP(C) No.8057 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. 8057 OF 2025 PETITIONERS: 1 SMT. MARYKUTTY DAS AGED 70 YEARS W/O. DAS JOSE CHANDRANKUNNEL HOUSE MEENACHIL TALUK KOTTAYAM-, PIN - 686651 2 BIPIN DAS AGED 46 YEARS S/O. DAS JOSE CHANDRANKUNNEL 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 2 SPECIAL SALE OFFICER NEELOOR SERVICE CO-OPERATIVE BANK GROUP OFFICE OF ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) MEENACHIL PALA P O KOTTAYAM-, PIN - 686577 3 CHOONDACHERI SERVICE CO-OPERATIVE BANK LTD. NO. K 167 REPRESENTED BY ITS SECRETARY HEAD OFFICE BRANCH KOTTAYAM DISTRICT-, PIN - 686577 2025:KER:27351 WP(C) No.8057 of 2025 2 BY ADVS. P.V.BABY VINEETH P.BABY(K/003610/2023) 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:27351 WP(C) No.8057 of 2025 3 JUDGMENT The petitioners availed loans from the 3 rd respondent Society. They defaulted repayment and the Society initiated arbitration proceedings. Exts.P1 to P3 are the Arbitration Awards. Contending that the Awards were passed without notice to the petitioners, they have filed Exts.P4 to P6 applications to set aside Exts.P1 to P3. 2. The petitioners have filed this writ petition for a direction to the 2 nd respondent to consider Exts.P4 to P6 within a time frame. 3. This Court, by order dated 28.02.2025, stayed further proceedings pursuant to Exts.P1 to P3 for one month. 4. Since Exts.P4 to P6 applications are pending before the 2 nd respondent, there will be a direction to the 2 nd respondent to consider Exts.P4 to P6 and pass appropriate orders, after hearing the petitioners and the Society, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Till orders are passed as 2025:KER:27351 WP(C) No.8057 of 2025 4 above, the interim order passed by this Court on 28.02.2025 will continue. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27351 WP(C) No.8057 of 2025 5 APPENDIX OF WP(C) 8057/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD IN ARC NO. 1462/2024 DATED 26.07.2024 Exhibit P2 . A TRUE COPY OF THE AWARD IN ARC NO. 1463/2024 DATED 26.07.2024 Exhibit P3 A TRUE COPY OF THE AWARD IN ARC NO. 1464/2024 DATED 26.07.2024 Exhibit P4 A TRUE COPY OF THE APPLICATION IN ARC NO. 1462/2024 DATED 20.02.2025 Exhibit P5 A TRUE COPY OF THE APPLICATION IN ARC NO. 1463/2024 DATED 20.02.2025 Exhibit P6 A TRUE COPY OF THE APPLICATION IN ARC NO. 1464/2024 DATED 20.02.2025