Disposed

C.Byju v. the Joint Registrar of Co-Op.Societies

Kerala HC23 Mar 2010WP(C)/1685/2010

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged a directive to recover dues from his salary. The court held that since liability was pending in arbitration, recovery must be kept in abeyance, directing parties to abide by the arbitral award.

What did the court decide?

Recovery of amounts claimed pursuant to Ext.P5 kept in abeyance pending finalization of arbitration proceedings; parties directed to abide by the arbitral award.

C.Byju Vs the Joint Registrar of Co-Op.Societies — Company and Corporate | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932

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WP(C).No. 1685 of 2010(I) ------------------------------------

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PETITIONER:

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-------------------

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C.BYJU, AGED 39 YEARS, S/O.CHENNUKUTTY, RESIDING AT PATTALAKATH HOUSE, PULIKKAL, MALAPPURAM.

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BY ADVS. MR.V.V.SURENDRAN, MR.P.A.HARISH.

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RESPONDENTS:

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------------------------

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOCHIKODE.

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2. THE ARBITRATOR/DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA STATE CO-OPERATIVE BANK LTD.,KOZHIKODE REGION, COLOMBO TOWER, M.M.ALI ROAD, KOZHIKODE.

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3. THE MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., MALAPPURAM BRANCH, DOWN HILL, MALAPPURAM.

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4. A.DEVADAS, RESIDING AT 'SREERAGAM' POST KODAKKAD, MALAPPURAM.

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5. THE HEAD MASTER, A.M.M.HIGH SCHOOL, PULICKAL, MALAPPURAM.

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R2 & R3 BY MR.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK, R5 BY ADVS. MR.K.JANARDHANAN, MR.MANURAJ. K.J.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.1685/2010-I:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE SUMMONS ISSUED FROM THE OFFICE OF THE R.2. TO THE PETITIONER.

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EXT.P.2: COPY OF THE SUMMONS ISSUED BY THE R.2.

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EXT.P.3: COPY OF THE SUMMONS ISSUED BY THE R.2.

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EXT.P.4: COPY OF THE PAY CERTIFICATE ISSUED BY THE HEAD MASTER, AMM HIGH SCHOOL, PULICKAL TO THE PETITIONER.

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EXT.P.5: COPY OF THE LETTER OF THE R.3. TO THE HEAD MASTER OF THE INSTITUTION.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE.

Prv.

K. SURENDRA MOHAN, J.

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W.P(C) NO: 1685 OF 2010

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----------------------------------------------------------Dated this the 23^rd March, 2010.

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JUDGMENT

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The petitioner was the guarantor for a loan availed by the fourth respondent. The fourth respondent did not repay the loan. Therefore, the third respondent who had granted the loan has instituted arbitration proceedings against the fourth respondent which is pending before the second respondent. While so, the third respondent issued Ext.P5 communication to the fifth respondent directing him to recover from the salary of the petitioner, a sum of Rs.3,000/- per month. The above proceedings are under challenge in this writ petition.

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The counsel for the fifth respondent Adv.K.J.Manuraj submits that Ext.P5 communication has been received but no recovery has been effected from the salary of the petitioner till date. Counsel for the third respondent submits that the proceedings are pending decision of the second respondent and that any further action for recovery would have to abide by the decision of the second respondent in the matter.

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Since the question of liability of the fourth respondent is pending consideration of the second respondent in arbitration

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WPC 1685/2010 2

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proceedings any action for recovery of the amounts due from the fourth respondent can be initiated only after termination of the proceedings before the second respondent. As it is submitted that no amounts are sought to be recovered from the petitioner at present this writ petition can be disposed of directing the parties to abide by the decision of the second respondent in arbitration proceedings.

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In the above circumstances this writ petition is disposed of directing the parties to agitate all their contentions before the second respondent and further directing them to abide by the award that may be passed by the second respondent in the arbitration proceedings pending before it. Till the arbitration proceedings are finalised, recovery of the amounts claimed by the third respondent pursuant to Ext.P5 shall be kept in abeyance.

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K. SURENDRA MOHAN Judge

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WPC 1685/2010 3

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K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

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Dated:

C.Byju v. the Joint Registrar of Co-Op.Societies

Case brief

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C.Byju v. the Joint Registrar of Co-Op.Societies

Case brief

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