Calicut City Service Co-Operative v. Johnson. C. K.
2026-03-16
T R Ravi
body2026
DailyLaw.ai
JUDGMENT : T.R. Ravi, J. The Original Petitions have been filed challenging orders dated 13.08.2024 (Ext.P6 in O.P.(C)Nos.324/2025, 290/2025 & 302/2025 and Ext.P7 in O.P.(C)Nos.196/2025 & 292/2025) of the 1 st Additional Sub Judge, Kozhikode, whereby the applications filed by the Judgment Debtors stating that the award has become non-est has been accepted by the court, and it has been held that the award is not executable. 2. The respondents herein had availed of loans from the petitioner. When there was default, proceedings were initiated before the Arbitrator, which culminated in the awards. The respondents participated in the proceedings as can be seen from the award. After having participated in the petition for execution of the award before the Sub Court, Kozhikode, the respondents took a stand that, since the petitioner had granted the loans outside its area of operation, the award itself was liable to be treated as non- est. The court below relied on information furnished under the Right to Information Act, which stated that the petitioner Bank had no jurisdiction beyond Kozhikode Corporation/ Taluk. It is stated that the Judgment Debtors property was situated in Thamarassery Taluk and since the loans were granted beyond the jurisdictional limit, it cannot be realised. It is also found that the memberships given to the Judgment Debtors are against law. 3. The reasoning of the court below cannot be accepted. The loans were granted on the basis of an agreement between the parties and it is towards enforcement of the said agreement that the arbitration proceedings have also taken place. Certain irregularities in granting a loan to a person who was outside the area of operation will not by itself negate the contract between the parties. In the execution proceedings, the court was not called upon to decide on whether the membership granted to the Judgment Debtor was bad in law. The respondents having participated in the arbitration proceedings and given a statement cannot be allowed to challenge the proceedings at the stage of execution. In the result, these Original Petitions are allowed. Orders dated 13.08.2024 of the 1 st Additional Sub Judge, Kozhikode are set aside. The court below is directed to take back the execution petitions on file and dispose of the same in accordance with law.