Allowed

Babu N.K v. the Secretary, the Co-Operative Arbitration Court (Northern)

Kerala HC12 Dec 2018WP(C)/34320/2018

Case brief

AI extract

What is this about?

This Court disposed of a writ petition filed by an employee of a cooperative bank seeking a time limit for the disposal of his arbitration application. The Court directed the Cooperative Arbitration Court to dispose of the matter within eight months.

What did the court decide?

The 1st respondent Co-operative Arbitration Court is directed to finally dispose of A.R.C.No.72/2017 within eight months from the date of production of a certified copy of this judgment.

Babu N.K Vs the Secretary, the Co-Operative Arbitration… — Company and Corporate | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 34320 of 2018

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PETITIONER:

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BABU N.K AGED 56 YEARS BRANCH MANAGER, MALOLMUKKU BRANCH, THE CHORODE SERVICE CO-OPERATIVE BANK LIMITED, CHORODE P.O., VADAKARA, KOZHIKODE, PIN 673106.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENTS:

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1 THE SECRETARY, THE CO-OPERATIVE ARBITRATION COURT (NORTHERN) KOZHIKODE-673 001.

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ADDL.2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPJ JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695014. (ADDL.R2 SUO MOTU IMPLEADED AS PER ORDER DATED 05/11/2018)

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ADDL.3 THE CHORODE SERVICE CO-OPERATIVE BANK LTD NO.L.L.139, REPRESENTED BY SECRETARY, CHORODE P O, VADAKARA, KOZHIKODE, PIN-673106. (ADDL.R3 IMPLEADED AS PER ORDER DATED 12/12/2018 IN IA.NO.01/2018)

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SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.34320 of 2018

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:-2-:

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J U D G M E N T

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The petitioner, who is an employee of the

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additional 3^rd respondent Bank, which is a

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Society registered under the Kerala Co-operative

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Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Co-operative Arbitration Court, Kozhikode, to consider and dispose of Ext.P4

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A.R.C.No.72/2017 within a time limit to be fixed by this Court.

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On 23.10.2018 when this writ petition

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came up for admission, the learned counsel for

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the petitioner was directed to file an

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application to implead the defendant in A.R.C.No.72/2017 as additional respondent. The

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learned Senior Government Pleader was directed

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W.P.(C)No.34320 of 2018

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:-3-:

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to get instructions from the Co-operative Arbitration Court (N), Kozhikode, as to the present status of A.R.C.No.72/2017 and also the time limit required for its final disposal.

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Thereafter, on 30.10.2018, when this writ petition came up for further consideration,

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the learned Government Pleader submitted that one year time is required for final disposal of A.R.C.No.72/2017.

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On 5.11.2018 when this writ petition

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was taken up for consideration, the learned Senior Government Pleader was directed to get instructions from the Co-operative Arbitration Court (Northern), Kozhikode and also from the Co-operative Arbitration Court (Southern), Thiruvananthapuram, as to the total number of

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ARCs pending before that court.

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Heard the learned counsel for the

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W.P.(C)No.34320 of 2018

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:-4-:

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petitioner and also the learned Senior Government Pleader appearing for respondents 1 and 2. Considering the nature of relief proposed

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to be granted, service of notice on the additional 3^rd respondent is dispensed with.

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The learned Government Pleader on

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instructions from the 1^st respondent Co-operative Arbitration Court would submit that around 309 ARCs are pending before those courts, upto the year 2017.

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Having considered the submissions made by the learned counsel on both sides and taking note of the total pendency of ARC's before the 1^st respondent Co-operative Arbitration Court, this writ petition is disposed of by directing

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the 1^st respondent to finally dispose of

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A.R.C.No.72/2017, as expeditiously as possible,

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at any rate within a period of eight months from

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W.P.(C)No.34320 of 2018

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:-5-:

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the date of production of a certified copy of

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this judgment.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/14.12.18

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W.P.(C)No.34320 of 2018

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:-6-:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 25/05/2017 IMPOSED BY THE DISCIPLINARY SUBCOMMITTEE.

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EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 12/08/2017 OF THE BANK.

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EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 05/12/2017 IN W.P.(C) NO.38938/2017. EXHIBIT P4 A TRUE COPY OF THE ARC NO.72/2017. EXHIBIT P5 A TRUE COPY OF THE DETAILS OF THE PROCEEDINGS OF THE ARBITRATION COURT.

Babu N.K v. the Secretary, the Co-Operative Arbitration Court (Northern)

Case brief

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Babu N.K v. the Secretary, the Co-Operative Arbitration Court (Northern)

Case brief

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