Disposed

Sreedevi v. the Registrar of Co-Op.Societies & Ors.

Kerala HC13 Feb 2008WP(C)/5093/2008

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging a Tribunal's modification of an ex-parte arbitration award awarding instalments. The court held no jurisdictional error existed and directed the Society to honour the instalment facility if the petitioner paid accrued dues within one month.

What did the court decide?

Registrar of Co-operative Societies and Bank Secretary directed to honour instalment facility if petitioner pays accrued instalments within one month and adheres to conditions.

Sreedevi Vs the Registrar of Co-Op.Societies & Ors. — Cooperative Societies | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

¶4

WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929

¶5

WP(C).No. 5093 of 2008(F)

PETITIONER:

SREEDEVI, GURUPRASAD VEEDU, AMRITHAKULANGARA, MUNDACKAL, KOLLAM.

BY ADV. SRI.S.GIRISH

RESPONDENTS:

THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM.

¶14

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR, THE PARAVOOR SNV REGIONAL CO-OPERATIVE BANK LTD., PARAVOOR, KOLLAM.

¶15

THE SECRETARY, THE PARAVOOR SNV REGIONAL CO-OPERATIVE BANK LTD., NO.1685, PARAVOOR, KOLLAM.

¶16

BY GOVERNMENT PLEADER, SMT.ANU SIVARAM

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

THOTTATHIL B. RADHAKRISHNAN, J.

¶19

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 5093 of 2008-F

¶20

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

¶21

Dated this the 13^th day of February, 2008

¶22

J U D G M E N T

¶23

Having regard to the nature of the directions being issued here under, notice to the third respondent is dispensed with, preserving its right to move this Court for review of this judgment, if aggrieved with. Learned Senior Government Pleader appears for the first and second respondents.

¶24

The petitioner suffered an ex-parte arbitration award. When that was put in execution, she filed a revision against that award contending that she was not served with the notice in the arbitration proceedings. That was found against, by the Tribunal. However, the Tribunal reduced the rate of interest and permitted the petitioner to pay off all the outstandings in 10 equal monthly instalments and directed that the Society would be at liberty to realise the whole amount in lump, if there is default in remitting two consecutive instalments.

¶25

W.P.(C).No.5093/2008-F

¶26

-: 2 :-

¶27

Having perused the materials on record and having heard counsel, I am satisfied that the impugned decision is not vitiated by any jurisdictional error or legal infirmity and it does not warrant any interference under Article 226 of the Constitution of India.

¶28

The learned counsel for the petitioner then urged that the petitioner has paid the first instalment, however that, there is default in remitting the balance amount, owing to the fact that she could not raise funds. Under such circumstances, there will be a direction that if the petitioner remits all the accrued instalments within one month from now and continues to comply with the further directions regarding payment of instalments as is contained in Ext.P3, the instalment facility extended as per Ext.P3 will be honoured by the Society.

¶29

This writ petition is disposed of as above.

¶30

THOTTATHIL B.RADHAKRISHNAN, Judge

¶31

Sreedevi v. the Registrar of Co-Op.Societies & Ors.

Case brief

What is this about?

What did the court decide?

Sreedevi v. the Registrar of Co-Op.Societies & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.C.Sreelal Vs Mohan Abraham

K.v.Balachandran Vs State of Kerala

K.Sreedharan Vs State of Kerala

Devassia P.J Vs State of Kerala

V.M.Nizar Vs Kerala Co.Op.Tribunal

Ponnamma George Vs Recovery Officer, Debts Recovery Tribuna