The Mangad Service Co-Operative Bank Limited NO.1069 v. Vincent R.

Kerala HC24 Jul 2017RP/659/2017

Case brief

AI extract

What is this about?

The review petitioner filed a review petition claiming non-hearing and that the original judgment wrongly recorded a stay instead of remittal. The court modified the original judgment to accurately reflect that the matter was remitted to the Arbitration Court for final orders.

What did the court decide?

The judgment dated 28.6.2017 is modified to reflect that the subject matter was remitted by the Kerala Co-operative Societies Tribunal to the Arbitration Court.

The Mangad Service Co-Operative Bank Limited NO.1069 Vs… — Cooperative Societies | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 24TH DAY OF JULY 2017/2ND SRAVANA, 1939

¶5

RP.No. 659 of 2017 (W) IN WP(C).3190/2017

¶6

AGAINST THE JUDGMENT IN WP(C) 3190/2017 of HIGH COURT OF KERALA DATED 28-06-2017

¶7

REVIEW PETITIONER(S)/RESPONDENT IN W.P.(C):

¶8

THE MANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.1069 MANGAD P.O., KOLLAM-691001, REPRESENTED BY ITS SECRETARY IN CHARGE SMT.SREELATHA.

¶9

BY ADV. SRI.B.MOHANLAL

¶10

RESPONDENT(S)/WRIT PETITIONER IN W.P.(C):

¶11

VINCENT R. S/O ROBERT, PLAVILA PANDINJATTATHIL, MANGAD, KOLLAM-691001.

¶12

R BY SRI.THYPARAMBIL THOMAS THOMAS

¶13

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

dlk

¶15

SHAJI P. CHALY, J.

¶16

R.P. No.659 of 2017

¶17

----------------------------------------- Dated this the 24^th day of July, 2017

¶18

ORDER

¶19

This review petition is filed by the respondent in the writ petition seeking to review the judgment dated 28.6.2017 basically for the reason that the review petitioner was not heard and it is submitted that he could not appear before this Court, consequent to a defect noted by the registry, in respect of the Vakalath filed by the review petitioner for and on behalf of the society concerned. That apart, it is contended that in the judgment passed on 28.6.2017 it is recorded that the Kerala Co-operative Societies Tribunal, Thiruvananthapuram has stayed Ext.P2, whereas it has actually remitted back for consideration by the Arbitration Court.

¶20

Having heard learned counsel for the review petitioner, learned counsel for the respondent in the review petition, I am of the considered opinion that the subject matter can be given a quietus by making appropriate

¶21

R.P. No.659 of 2017

¶22

¶23

modifications to the judgment in question. Since the subject matter is remitted by the Kerala Co-operative Societies Tribunal and since the subject matter is heard finally by the arbitration court and orders are reserved to 31.7.2017, it is directed that if the parties are aggrieved by the said order passed by the Co-operative Arbitration Court, they will be at liberty to proceed, in accordance with law. This modified order in the review petition will guide the parties superseded by the judgment rendered by this Court on 28.6.2017.

¶24

According to the review petitioner, disciplinary proceedings against the respondent in the review petition is finalised, if the respondent is aggrieved by the same, it is for the respondent to take suitable action against the same, in accordance with law.

¶25

Review petition is disposed of accordingly.

¶26

Sd/-

¶27

SHAJI P. CHALY JUDGE

¶28

dlk/24/7/

The Mangad Service Co-Operative Bank Limited NO.1069 v. Vincent R.

Case brief

What is this about?

What did the court decide?

The Mangad Service Co-Operative Bank Limited NO.1069 v. Vincent R.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

N.R.Chithambaran Vs Sri.K.Suresh

Mary Joseph Vs Sijamol.C.v.

K.Jyothishkumar Vs U.v.Jose

M/S.Coastal Engineering Vs Southern Railway

Muhammed Shajahan U. Vs Kerala State Road Transport Corporation

T.K Viswanathan Vs the Joint Registrar of Co-Operative Societies(General)