2025:KER:27828 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 23034 OF 2024 PETITIONER: ASHA SUBRAMANYAN AGED 45 YEARS W/O. SANEESH K.A., KRISHA VILAS, THOTTUMUGHAM P.O., ALUVA, PIN – 683 105. BY ADVS. MANU GOVIND AISWARYA V. RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR CIVIL LINE, AYYANTHOLE, THRISSUR, PIN – 680 003. 2 THE SPECIAL SALE OFFICER IRINJALAKUDA SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM, IRINJALAKUDA, THRISSUR, PIN – 680 121. 3 THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) SPECIAL SALE OFFICER, MUKUNDAPURAM, IRINJALAKUDA, THRISSUR, PIN – 680 121. 4 THE IRINJALAKUDA SERVICE COOPERATIVE BANK REPRESENTED BY ITS SECRETARY IRINJALAKUDA P.O., THRISSUR, PIN – 680 121. SRI. V.K SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27828 WP(C) NO.23034 OF 2024 2 JUDGMENT The loan availed by the petitioner from the 4th respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969 (for short, ‘the Act’). Ext.P2 is the ex-parte Award passed against the petitioner. The petitioner filed Ext.P5 application to set aside the ex-parte Award and the same has been rejected by Ext.P7 on the ground that there is no provision to set aside ex-parte Award in terms of Section 69(13) (sic) of the Act. 2. It is trite law that the Arbitrator has power to set aside an ex-parte Award. This Court, in Kerala State Co-operative 2025:KER:27828 WP(C) NO.23034 OF 2024 3 Consumer Federation Ltd. v. K.Vasu [2015 (3) KLT 636] and Rema Devi v. Joint Registrar (General) Co-operative Societies and another [2016 (3) KHC 645 : 2016 (3) KLT 50], has held that the Arbitrator has power to set aside an ex-parte Award. 3. In the light of the said decisions, Ext.P7 is set aside. There will be a direction to the 2nd respondent to consider Ext.P5 application submitted by the petitioner, afresh, in accordance with law with notice to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till such time, there shall not be any coercive proceedings pursuant 2025:KER:27828 WP(C) NO.23034 OF 2024 4 to Ext.P2 Award. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27828 WP(C) NO.23034 OF 2024 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE FOR APPEARANCE DATED 03.02.2024 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE AWARD DATED 20.02.2024 ISSUED BY THE 2ND RESPONDENT AND RECEIVED BY THE PETITIONER ON 30.04.2024. EXHIBIT P3 TRUE COPY OF THE TRACK DETAILS. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 13.05.2024 SUBMITTED BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 17.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGEMENT DATED 06.07.2015 IN OP(C) NO. 14 OF 2015 OF THIS HONOURABLE COURT. EXHIBIT P7 A TRUE COPY OF THE ORDER NO.SSO IJK/1060/2024 DATED 05.06.2024 PASSED BY THE 2ND RESPONDENT. RESPONDENT S EXHIBITS : NIL.