Disposed

Karunakaran Nair v. the Registrar of Co-Operative Societies

Kerala HC6 Aug 2016WP(C)/22670/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking direction to the Arbitrator to dispose of Arbitration Case 3/2007 pending since 2007. The petitioner relied on a Tribunal order expired over a year ago and directed the Arbitrator to decide within three months.

What did the court decide?

Direction to the Arbitrator to dispose of ARC 3/2007 at the earliest, and at any rate within three months.

Karunakaran Nair Vs the Registrar of… — Pension and Retirement Benefits | Kerala HC (2016)

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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 SHAJI P.CHALY

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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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WP(C).No. 22670 of 2016 (G) ----------------------------

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PETITIONER:

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KARUNAKARAN NAIR, AGED 66 YEARS, S/O N. GOVINDA PILLAI, THAKARAKYATTU VEEDU (RESMI NIVAS), NEDUVATHUR, NEELESWARAM P.O, KOTTARAKKARA, KOLLAM DISTRICT.

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BY ADVS.SRI.ALAN PAPALI SRI.NISHIL.P.S. SRI.J.VIMAL SRI.A.VELAPPAN NAIR SRI.ANTONY ROBERT DIAS

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RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

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THIRUVANANTHAPURAM

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2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), (ARBITRATION COURT), KOLLAM.

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3. THE MONNAMTHURUTHU SERVICE CO-OPERATIVE BANK LTD NO 3977, MANNANTHURUTHU P.O, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY.

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R1,R2, BY SENIOR GOVERNMENT PLEADER SRI.PAUL VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 22670 of 2016 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 21-04-2015 IN APPEAL NO 81/2014 OF THE KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM. EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 13-07-2015 BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER IN A.R.C. NO 3/2007 BEFORE THE 2ND RESPONDENT DATED 18-08-2015 EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT REGISTRAR OF CO-OPERATIVE SOCIETIES ON 21-10-2015.

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.S.TO.JUDGE

K.V.

SHAJI P. CHALY, J.

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W.P.(C)No.22670 of 2016

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

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Dated this the 6^th day of August, 2016

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JUDGMENT

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This writ petition is filed by the petitioner seeking direction to the second respondent to dispose of ARC 3/2007 at the earliest, fixing a time limit in compliance with Ext.P1 judgment of the Co-operative Tribunal, Thiruvananthapuram and for other related reliefs.

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As per Ext.P1 Tribunal has directed by its order dated 21.4.2015, the Arbitrator to dispose of the case within a period of one month from the date of receipt of a copy of this judgment and case records. Admittedly, the said order cannot be directed to be complied with since the order is dated 24.5.2015 and the time provided has expired more than one year back. The sole question remains is whether any direction is required to the Arbitrator to dispose of the subject matter pending before him. Admittedly, the case is of the year 2007 and therefore an early disposal of matter is required.

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When the matter came up for admission, this Court

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W.P.(C)No.22670 of 2016

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directed learned Government Pleader to take instructions in the matter. Learned Government Pleader on instructions submitted that, even though the case was posted on various dates, due to various reasons the trial could not be proceeded with, and seeks six months time is sought by the Administrator, to dispose of the case.

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Taking into account the rival submissions made across the Bar and in view of the pendency of the subject matter from the year 2007, there will be a direction to the Arbitrator to dispose of ARC 3/2007 at the earliest, and at any rate within a period of three months from the date of receipt of a copy of this judgment, after providing necessary opportunity to the respective parties to participate in the proceedings.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/6/8/

Karunakaran Nair v. the Registrar of Co-Operative Societies

Case brief

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Karunakaran Nair v. the Registrar of Co-Operative Societies

Case brief

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