2025:KER:28844 WP(C) NO. 45653 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 45653 OF 2024 PETITIONERS: 1 ABDUL GAFOOR V M AGED 57 YEARS S/O MOIDU, VALIYAKATH HOUSE, KUNDALIYUR, ENGANDIYUR, CHVAKKAD, THRISSUR, PIN - 680616 2 ASMABI K V AGED 47 YEARS W/O ABDUL GAFOOR, VALIYAKATH HOUSE, KUNDALIYUR, ENGANDIYUR, CHVAKKAD, THRISSUR, PIN - 680616 BY ADVS. FRANKLIN ARACKAL I.J.AUGUSTINE NEETHU SOMAN RESPONDENTS: 1 ASSISTANT REGISTRAR (GENERAL)OF CO OPERATIVE SOCIETIES OFFICE OF ASSISTANT REGISTRAR (GENERAL)OF CO OPERATIVE SOCIETIES, CHAVAKKAD P O, THRISSUR, PIN - 680506 2 SPECIAL SALES OFFICER CHAVAKAD FIRKA CO OPERATIVE RURAL BANK GROUP, OFFICE OF ASSISTANT REGISTRAR (GENERAL), CHAVAKKAD P O, THRISSUR, PIN - 680506 2025:KER:28844 WP(C) NO. 45653 OF 2024 2 3 ENGANDIYUR FARMERS SERVICE CO OPERATIVE BANK LTD, F 977 KUNDALIYUR P O, THRISSUR REPRESENTED BY IT’S SECRETARY, PIN - 680616 4 THE SECRETARY ENGANDIYUR FARMERS SERVICE CO OPERATIVE BANK LTD, F 977, KUNDALIYUR P O, THRISSUR, PIN - 680616 BY ADV RASMI NAIR . T Smt. Mable C Kurien, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28844 WP(C) NO. 45653 OF 2024 3 JUDGMENT The loan availed by the petitioners from the 3rd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. An ex parte award was passed in ARC No.4340/2022. The petitioners filed Ext.P2 application to set aside the ex parte award along with Ext.P3 delay petition and Ext.P4 stay petition. Ext.P5 is the objection filed against the award. The petitioners have filed this writ petition for direction to the 1st respondent to consider and pass orders on Exts.P2 to P5. 2. This Court, on 19.12.2024, passed an order staying the confirmation of sale for a period of two months. This Court also directed the learned Government Pleader to get instructions as regards the status of Exts.P2 to P5. 3. When the writ petition came up for consideration today, the learned Government Pleader, on instructions, submitted that, Ext.P2 application filed by the petitioner to set aside the ex parte award was dismissed on 22.02.2025. 4. The learned counsel for the petitioners seek 2025:KER:28844 WP(C) NO. 45653 OF 2024 4 stay of coercive proceedings for one month to challenge the order dismissing the application. 5. Since Ext.P2 application has been dismissed, it will be open to the petitioners to challenge the order dismissing the same, in accordance with law. To enable the petitioners to avail the remedy as may be available in law against order dismissing Ext.P2, coercive proceedings against the petitioners pursuant to Ext.P1 shall be kept in abeyance for a period of one month from today. This writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:28844 WP(C) NO. 45653 OF 2024 5 APPENDIX OF WP(C) 45653/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 28/10/2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS Exhibit P2 A TRUE COPY OF THE UNNUMBERED IA DATED 5/12/2024 IN ARC 4340/2022 TO SET ASIDE THE EX PARTE AWARD Exhibit P3 A TRUE COPY OF THE UNNUMBERED IA DATED 5/12/2024 TO CONDONE THE DELAY IN FILING THE PETITION TO SET ASIDE THE EXPARTE AWARD IN ARC 4340/2022 Exhibit P4 A TRUE COPY OF THE UNNUMBERED EA,THE STAY PETITION DATED 5/12/2024 IN EP 1305/2023 IN ARC 4340/2022 Exhibit P5 A TRUE COPY OF THE OBJECTION TO ARC 4340/2022 DATED 5/12/2024 Exhibit P6 A TRUE COPY OF THE POSTAL RECEIPT DATED 16/12/2024 EVIDENCING THE DESPATCH OF THE EXHIBIT P2 & P3 IA’S ,EXHIBIT P4 EA & EXHIBIT P5 OBJECTION Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 16/11/2024 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE REMITTANCE OF RS. 28,80,083 / -