Court dismissed a review petition filed to challenge an order on Dairy Credit Guarantee Nodal Agency (DCRG) liability. It held that liability to pay DCRG cannot be kept in abayance during pending arbitration.
Review petition dismissed holding liability to pay DCRG cannot be kept in abeyance during arbitration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937
RP.No. 1124 of 2015 (T)
------------------------------THE JUDGMENT IN WP(C).NO.2152/2014 DATED 12/10/2015.
REVIEW PETITIONER/RESPONDENT NO.6 IN WRIT PETITION:
THE PULIYOORVANCHI VADAKKU KSHEEROLPADAKA SAHAKARANA SANGHAM, Q 128 D APCOS , THAZHAVA. P.O, KARUNAGAPPALLY, KOLLAM-690 523, REPRESENTED BY ITS SECRETARY, B. RADHAMANIAMMA.
BY ADVS.SRI.M.V.BOSE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE.
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 TO 5 & 7 IN WRIT PETITION:
1. G. SUKUMARIAMMA, W/O.L. SANKARAN KUTTY, SANKARALAYAM, MUZHANGODI, THODIYUR. P.O, KARUNAGAPPALLY, KOLLAM DISTRICT.
2. THE DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, PATTOM. P.O., THIRUVANANTHAPURAM-695 001.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), THIRUVANANTHAPURAM REGION CO-OPERATIVE MILK PRODUCERS UNION, KSHEERA BHAVAN , PATTOM. P.O, THIRUVANANTHAPURAM-695 001.
4. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, KOLLAM, KOLLAM DISTRICT, PIN-691 001.
5. THE DIARY EXTENSION OFFICER, DIARY EXTENSION OFFICE, KARUNAGAPPALLY, KOLLAM-695 518.
6. THE BOARD OF DIRECTORS OF THE PULIYOORVANCHI VADAKKU KSHEEROLPADAKA SAHAKARANA SANGHAM Q 128 D, APCOS, REPRESENTED BY ITS PRESIDENT, THAZHAVA. P.O., KARUNAGAPPALLY, KOLLAM-690 523.
RP.No. 1124 of 2015 (T)
7. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, P.B. NO.85, KALA NIVAS CHINMAYA LANE, KUNNUMPURAM, THIRUVANANTHAPURAM-695 001.
R1 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. R2 TO R5 BY SRI.P. VIJAYARAGHAVAN, STATE ATTORNEY. R7 BY ADV. SRI.K.R.SUNIL, SC.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
RP.No. 1124 of 2015 (T)
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE ORDER AUDIT CERTIFICATE NO.832/2008-09 DATED 30/09/2015 ISSUED BY THE KERALA STATE CO-OPERATIVE DEPARTMENT. ANNEXURE A1A COPY OF THE ORDER AUDIT CERTIFICATE NO.832/2009-10 ISSUED BY THE KERALA STATE CO-OPERATIVE DEPARTMENT. ANNEXURE A2 COPY OF THE NOTICE DATED 11/11/2015 ISSUED BY THE SOCIETY TO THE WRIT PETITIONER.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
A.M.SHAFFIQUE, J
*** * * * * * * * * * * *** R.P.No.1124 of 2015 in W.P.C.No.2152 of 2014
Dated this the 4th day of December 2015
O R D E R
This review petition has been filed seeking to review the judgment dated 12/10/2015 in W.P.C.No.2152/2014 by which this Court had disposed of the writ petition by issuing certain directions.
R.P.No.1124/2015 in W.P.C.No.2152/2014 2
cases before the concerned Arbitrator. Under such circumstances, I do not think that any grounds are made out to review the judgment and accordingly this review petition is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether sufficient grounds are made out to review the judgment disposing of the writ petition regarding DCRG liability.
The Puliyoorvanchi Vadakku Ksheerolpadaka Sahakarana Sangham
G. Sukumariamma
The Director, Dairy Development Department
The Assistant Registrar of Co-operative Societies
The Deputy Director, Diary Development Department
The Diary Extension Officer
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
