Dismissed

Assanar K.M v. the Palakkad District Co-Operative Rubber Marketing Society Ltd.

Kerala HC14 Dec 2018WP(C)/572/2015

Case brief

AI extract

What is this about?

In two connected writ petitions arising from arbitration proceedings involving a Cooperative Society, the High Court of Kerala disposed of the petitions on the basis of a Memorandum of Agreement entered into by the parties during mediation.

What did the court decide?

The writ petitions are disposed of in tune with the settlement agreement entered between the parties.

Assanar K.M Vs the Palakkad District Co-Operative Rubber Marketing Society Ltd. — Kerala HC (2018) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

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WP(C).No. 31555 of 2014

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AGAINST THE JUDGMENT IN OTHERS 124/2013 of KERALA CO-OP.TRIBUNAL, THIRUVANANTHAPURAM.

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PETITIONER:

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THE PALAKKAD DSISTRICT CO.OPERATIVE RUBBER MARKETING SOCIETY LIMITED NO.P.561, G.B ROAD, PALAKKAD, REPRESENTED BY ITS SECRETARY

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BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA

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RESPONDENTS:

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1 K.M.ASSAINAR HUSSAINIYA COTTAGE,KAMBA,KINAVALLUR P.O,PARALI,PALAKKAD TALUK,PALAKKAD DISTRICT 678 612

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2 THE CO.OPERATIVE ARBITRATION COURTNORTHERN KOZHIKODE 673 001

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3 THE KERALA CO-OPERATIVE TRIBUNALTRIVANDRUM 695 001

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BY ADVS. SRI.LIJU. M.P SRI.SAJAN VARGHEESE K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.12.2018, ALONG WITH WP(C).572/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.31555 of 2014 &572 of 2015

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

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WP(C).No. 572 of 2015

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PETITIONER:

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ASSANAR K.M AGED 65 YEARS S/O. LATE MOIDEEN, HUSSAINIYA COTTAGE, KAMBA, KINAVALLUR POST, PARALI VIA, PALAKKAD TALUK & DISTRICT.

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BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P

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RESPONDENTS:

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1 THE PALAKKAD DISTRICT CO-OPERATIVE RUBBER MARKETING SOCIETY LTD NO.P.561, G.B.ROAD, PALAKKAD, REPRESENTED BY THE SECRETARY.678001

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2 THE CO-OPERATIVE ARBITRATION COURT NORTHERN KOZHIKODE.67001

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3 THE KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM.695001

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4 THE JOINT REGISTRAR GENERAL DEPARTMENT OF CO-OPERATIVE SOCIETIES, PALAKKAD.678001

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BY ADVS. SRI.M.P.ASHOK KUMAR(R1) SMT.BINDU SREEDHAR(R4)

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SRI.RON BASTIAN,GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.12.2018, ALONG WITH WP(C).31555/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.31555 of 2014 &572 of 2015

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JUDGMENT

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[ WP(C) 31555/2014 ,WP(C).572/2015 ]

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When the matters came up for consideration on

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17.09.2018 they were referred for mediation. The mediator has submitted a report dated 07.12.2018 informing that the matter has been settled on mediation as per the Memorandum of Agreement entered into between the parties on 22.11.2018, which is produced along with the report. Accordingly, the writ petitions are disposed of in tune with the agreement entered in to between the

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parties on 22.11.2018, which shall form part of the judgment.

Sd/-

P.V.ASHA

JUDGE

W.P(C) No.31555 of 2014 &572 of 2015

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APPENDIX OF WP(C) 31555/2014

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 EXHIBIT P1 PHOTOCOPY OF THE NOTICE DATED 04-07-2006

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EXHIBIT P2 EXHIBIT P2 PHOTOCOPY OF THE AWARD IN ARC 154/11 DATED 01-11-2013

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EXHIBIT P3 EXHIBIT P3 PHOTOCOPY OF THE MEMORANDUM OF APPEAL NO 124/13 EXHIBIT P4 EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT IN APPEAL NO 124/13 DATED 29-09-2014

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W.P(C) No.31555 of 2014 &572 of 2015

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APPENDIX OF WP(C) 572/2015

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	P1 - TRUE COPY OF THE MINUTES OF THE BOARD OF DIRECTORS MET ON 29.11.04.
EXHIBIT P2	P2 - TRUE COPY OF THE MINUTES DT. 01.2.05 OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO. 1.
EXHIBIT P3	P3 - TRUE COPY OF THE MINUTES DT. 28.9.05 OF THE BOARD OF DIRECTORS OF THE RESPONDENT NO.1.
EXHIBIT P4	P4 - TRUE COPY OF THE SUSPENSION ORDER AND THE MEMO OF ALLEGATIONS SERVED ON THE PETITIONER BY THE RESPONDENT NO.1 SOCIETY.
EXHIBIT P5	P5 - TRUE COPY OF THE REQUEST DT. 29.5.06 SUBMITTED BEFORE THE CONVENER OF THE DISCIPLINARY ACTION COMMITTEE CONSTITUTED FOR THE PURPOSE.
EXHIBIT P6	P6 - TRUE COPY OF THE COMMUNICATION DT. 07.6.06 ISSUED BY CONVENER OF THE DISCIPLIMARY ACTION CIOMMITTEE TO THE PETITIONER.
EXHIBIT P7	P7 - TRUE COPY OF THE COMMUNICATION DT. 10.6.06 MADE BY THE PETITIONER TO THE CONVENER OF THE DISCIPLINARY ACTION COMMITTEE.
EXHIBIT P8	P8 - TRUE COPY OF THE NOTICE DT. 04.7.06 ISSUED BY THE CONVENER OF THE DISCIPLINARY ACTION COMMITTEE TO THE PETITIONER.
EXHIBIT P9	P9 - TRUE COPY OF THE COMMUNICATION DT. 20.7.06 SENT BY THE PETITIONER TO THE RESPONDENT NO. 4.
EXHIBIT P10	P10 - TRUE COPY OF THE ENQUIRY REPORT DT. 08.08.06 SUBMITTED BY THE ENQUIRY OFFICER.
EXHIBIT P11	P11 - TRUE COPY OF THE NOTICE DT. 15.9.06 ISSUED BY THE CONVENER TO THE PETITIONER.
EXHIBIT P12	P12 - TRUE OCPY OF THE COMMUNICATION DT. 12.7.07 MADE BY THE RESPONDENT NO.4 TO THE RESPONDENT NO.1.

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W.P(C) No.31555 of 2014 &572 of 2015

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EXHIBIT P13 P13 - TRUE OCPY OF THE AWARD DT. 01.11.13 PASSED BY THE RESPONDENT NO.2. EXHIBIT P14 P14 - TRUE COPY OF THE JUDGMENT DT. 29.9.14 PASSED IN APPEAL NO. 124/13 ON THE FILE OF THE RESPONDENT NO.3. EXHIBIT P15 TRUE COPYOF THE PAPER PUBLICAITON DATED 24.01.2016 PUBLISHED IN MATHRUBHUMI DAILY EXHIBIT P16 TRUE COPY OF THE ACCOUNT SHOWING THE ARREARS OT THE PETITIONER EXHIBIT P17 TRUE COPY OF HTE LETTER DATED 26.11.2011 SUBMITTED BEFORE THE RESPONDENT NO.1 WITH THE POSTAL RECEIPT THEREIN.

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Assanar K.M v. the Palakkad District Co-Operative Rubber Marketing Society Ltd.

Case brief

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Assanar K.M v. the Palakkad District Co-Operative Rubber Marketing Society Ltd.

Case brief

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