WP(C) NO.45713 OF 2024 1 2025:KER:23246 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 WP(C) NO.45713 OF 2024 PETITIONER: SIVASANKARAN K., AGED 77 YEARS S/O SARADHA EDOLAMMA, KAILATH HOUSE, PALLIPURAM VILLAGE & DESOM, PALLIPURAM.P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680563 BY ADVS. C.D.DILEEP SHYLAJA VARGHESE M.L.REMYA DHEERAJ PRADEEP C. RESPONDENTS: 1 THE SPECIAL SALE OFFICER VILVATTAM SCB GROUP OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL LINE, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003 2 AMMADAM SERVICE CO-OPERATIVE BANK LTD NO.533 AMMADAM P.O, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 680563 WP(C) NO.45713 OF 2024 2 2025:KER:23246 3 THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003 4 SUBHIKUMAR.K.S S/O.SUBRAHMANYAN, KORATTIPARAMBIL HOUSE, THRISSUR TALUK, KODANNUR VILLAGE & DESOM, KODANNUR P.O, THRISSUR DISTRICT, PIN - 680563 BY ADVS.RAVI SANKAR P.K. SHEEJA C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.45713 OF 2024 3 2025:KER:23246 JUDGMENT The 4th respondent had availed a loan from the 2nd respondent Society. The petitioner is the surety to the said loan. On default of payment of installments, the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969 [for short, ‘the Act’]. Ext.P1 is the ex parte award. The petitioner filed Ext.P3 application to set aside Ext.P1 award. Aggrieved by the non- consideration of Ext.P3 application, the petitioner filed WP(C) No.2341 of 2024 for direction to consider Ext.P3 in the light of the decision in Rema Devi v. Joint Registrar (General) of Co-operative Societies (2016 (3) KLT 50), which was allowed by this Court vide Ext.P4 judgment dated 24.01.2024 directing the 1st respondent to consider Ext.P3 within 30 days from the date of receipt of a copy the judgment. Pursuant to Ext.P4, the Arbitrator WP(C) NO.45713 OF 2024 4 2025:KER:23246 passed Ext.P5 order rejecting Ext.P3 application stating that the award passed is final and the remedy of the petitioner is to file appeal before the Tribunal. Challenging Ext.P5, the petitioner has filed this writ petition. 2. Smt.Sheeja C.S., the learned Senior Government Pleader, submits that, Ext.P5 order passed by the Arbitrator rejecting the application to set aside the ex parte award is appealable under Section 82(1)(c) of the Act and the petitioner has to move the Co-operative Tribunal under Section 82 of the Act. 3. Sri.C.D.Dileep, the learned Counsel for the petitioner, submits that, an appeal under Section 82 of the Act is maintainable only against the final award of the Registrar and that Ext.P5 order cannot be treated as a final award. 4. Section 82 of the Act reads as follows: WP(C) NO.45713 OF 2024 5 2025:KER:23246 “82. Appeals to Tribunal- (1) Any person aggrieved by- (a) an award of the Co-operative Arbitration Court, under subsection (1) of section 70; or (b) an order of the Registrar made under clause (ii) of sub-section (8) or clause (ii) of sub- section (9) of section 14; or (c) any decision of the Registrar made under sub-section (6) of section 70; or (d) any decision under sub-section (6) of section 70 of the person invested with powers in that behalf, by the Government; or (e) any award of the Arbitrator under sub- section (6) of section 70; may, within sixty days from the date of such decision or award, as the case may be, appeal to the Tribunal and the Tribunal, may pass such orders on the appeal, as it may deem fit.] [(1A) The Tribunal shall pass an order under sub-section (1) within six months with direction to communicate the copies thereof within fifteen days to the parties thereof] (2) An order passed by the Tribunal under WP(C) NO.45713 OF 2024 6 2025:KER:23246 sub-section (1) shall be final.” 5. Section 70 of the Act deals with award on disputes and sub-section (6) of Section 70 reads as follows: “70(6) : The Registrar or the person invested with powers in this behalf shall, decide the dispute or the arbitrator shall pass an award, in accordance with the provisions of this Act and the rules and the bye-laws and such decision or award shall, subject to the provisions of section 82, be final. Pending decision or award, the Registrar, such person or the arbitrator, as the case may be, may make such interlocutory orders as he may deem necessary in the interest of justice.” 6. Section 70(6) provides that the Registrar shall, decide the dispute in accordance with the provisions of the Act and the rules and the bye-laws and such decision shall, subject to the provisions WP(C) NO.45713 OF 2024 7 2025:KER:23246 of Section 82, be final. Pending decision, the Registrar, may make such interlocutory orders, as he may deem necessary, in the interests of justice. Section 80(c) provides that an appeal lies to the Tribunal from any decision of the Registrar made under Section 70(6) of the Act. Since Section 80(c) does not distinguish between final and interlocutory decisions, any decision made by the Registrar under Section 70(6), whether final or interlocutory, would be appealable to the Tribunal. That apart, an order rejecting an application to set aside an ex parte award is not an interlocutory order; rather, it has to be treated as a final order confirming the ex parte award. Thus an appeal would lie to the Tribunal from Ext. P5 order passed by the Arbitrator. Accordingly this writ petition is disposed of without prejudice to the right of the petitioner to WP(C) NO.45713 OF 2024 8 2025:KER:23246 challenge Ext. P5 appeal before the Co-operative Tribunal. Since the petitioner was bonafide prosecuting this writ petition, the period during which the writ petition was pending before this Court shall be excluded from the calculation of the period prescribed under Section 82(1)(e) of the Act. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/19/03/2025 WP(C) NO.45713 OF 2024 9 2025:KER:23246 APPENDIX OF WP(C) 45713/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT IN ARC NO.3353/2021 DATED 28.05.2022. Exhibit-P2 A TRUE COPY OF THE POSTAL COVER SHOWING THE RECEIPT OF AWARD ON 14.12.2022 Exhibit-P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER ORDER 9 RULE 13 OF THE CPC TO SET ASIDE THE EXT-P1 AWARD DATED 10/01/2023 Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 24.01.2024 OF THIS HON’BLE COURT IN WP(C) NO.2341 OF 2024 Exhibit-P5 A TRUE COPY OF THE ORDER NO.847/24 DATED 24.02.2024 OF THE ARBITRATOR