Partly allowed

Rejimon James v. Registrar of Co-Operative Society

Kerala HC12 Aug 2016WP(C)/19232/2016

Case brief

AI extract

What is this about?

Petitioners challenged an order by the Second Respondent dismissing their applications to set aside ex parte awards due to default on a loan. The Court held that the arbitrator has power to set aside ex parte awards as per precedent and set aside the impugned order.

What did the court decide?

The order dated 8/3/2016 of the Second Respondent was set aside and the second respondent was directed to consider the applications of the petitioners (Exts.P3 and P4) on merits in accordance with law

Rejimon James Vs Registrar of Co-Operative Society — Service and Employment | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

¶5

WP(C).No. 19232 of 2016 (D)

¶6

PETITIONER(S):

¶7

1. REJIMON JAMES, AGED 52, S/O.JAMES, VALLITHOTTATHIL HOUSE, KOODALLOOR P.O., KIDAGOOR VILLAGE, KOTTAYAM.

¶8

2. M.J.JAMES, AGED 82, S/O.JOSEPH, VALLITHOTTATHIL HOUSE, KOODALLOOR P.O., KIDAGOOR VILLAGE, KOTTAYAM.

¶9

BY ADVS.SRI.NIXON PAUL SRI.E.S.SANEEJ

¶10

RESPONDENT(S):

¶11

1. REGISTRAR OF CO-OPERATIVE SOCIETY, TRIVANDRUM- 695 001.

¶12

2. ASSISTANT REGISTRAR (GENERAL) MEENACHIL CO-OPERATIVE SOCIETY, MEENACHIL, PALA- 686 575.

¶13

3. KIDAGOOR SERVICE CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, KIDAGOOR, KOTTAYAM -686 001.

¶14

R1 & R2 BY SR GOVERNMENT PLEADER SRI.PAUL VARGHESE

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

sts

¶17

WP(C).No. 19232 of 2016 (D)

¶18

APPENDIX

¶19

PETITIONER(S)' EXHIBITS

¶20

P1 THE TRUE PHOTOCOPY OF THE EXPARTE AWARD AGAINST THE 1ST PETITIONER DATED 14/7/2015

¶21

P2 THE TRUE PHOTOCOPY OF THE EXPARTE AWARD AGAINST THE 2ND PETITIONER DATED 14/7/2015

¶22

P3 THE TRUE PHOTOCOPY OF THE PETITION DATED 12/10/15 IN

¶23

ARC 3154/14

¶24

P4 THE TRUE PHOTOCOPY OF THE PETITION DATED 12/10/15 IN ARC 3155/14

¶25

P5 THE TRUE PHOTOCOPY OF THE ORDER DATED 8/3/2016 OF THE 2ND RESPONDENT.

¶26

RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

SHAJI P. CHALY, J.

¶32

W.P.(C)No. 19232 of 2016

¶33

Dated this the 12^nd day of August, 2016

¶34

JUDGMENT

¶35

Petitioners have availed loan from the third respondent Bank. Admittedly, loan was defaulted. Consequent to which Bank secured Exts.P1 and P2 awards. According to the petitioners, Exts.P1 and P2 are the ex parte awards. Consequent to which petitioners submitted Exts.P3 and P4 applications before the Arbitrator. Which is dismissed as per Ext.P5 communication by the second respondent holding that, the Arbitrator is not vested with power to set aside an ex parte award. It is in this background challenging Ext.P5, this writ petition is filed.

¶36

Heard learned counsel for petitioners, learned Government Pleader and perused the pleadings and documents.

¶37

The issue with respect to the power of the Arbitrator to set aside an ex parte award was considered

¶38

W.P.(C)No. 19232 of 2016

¶39

¶40

by this Court in Kerala State Co-operative Consumer Federation Ltd., Ernakulam v. K. Vasu and Others

¶41

[2015 (3) KHC 954], which was followed subsequently in various judgments.

¶42

Therefore, I do not think that Ext.P5 order passed by the second respondent is in accordance with and in terms of the proposition of law laid down by this

¶43

Court in the judgment referred above. Accordingly, I set aside Ext.P5 order and direct the second respondent to consider Exts.P3 and P4, in accordance with law, and on merits.

¶44

Writ petition is disposed of accordingly.

¶45

Sd/-

¶46

SHAJI P. CHALY, JUDGE

¶47

dlk/12/8/

Rejimon James v. Registrar of Co-Operative Society

Case brief

What is this about?

What did the court decide?

Rejimon James v. Registrar of Co-Operative Society

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nitc Multipurpose Co-Op. Society Vs Chandran Nair

Shiaymol Thomas Vs the Kozhuvanal

Ivy Mary Jacob Vs Ambaloor Service Co-Operative Bank Ltd.

Anil Kumar.G Vs Antony Chacko

Sunny Joseph Vs Regional Transport Authority

K.K.Abdul Gafoor Vs the Secretary