The High Court of Kerala in Writ Petition (Civil) No.262 of 2020 held that the petitioner must await the final award of the Co-operative Arbitration Court before impugning the preliminary order, and thus dismissed the petition.
Writ petition dismissed as petitioner had to await the final award of the Co-operative Arbitration Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
WP(C).No.262 OF 2020(G)
PETITIONER/S:
POLACHIRA KSHEERODPADAKA SAHAKARANA SANGHAM LTD. NO.Q.273 (D), APCOSE, POLACHIRA P.O., CIRAKKARA VILLAGE, KOLLAM DISTRICT, REPRESENTED BY IT SECRETARY, PIN-691334.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENT/S:
1 R.SREEJAYA, KARUNYA, KOONAMKULAM, POOTHAKULAM VILLAGE, KOLLAM DISTRICT-691302.
C. S. SHEEJA. SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.262 OF 2020(G) 2
JUDGMENT
The petitioner has approached this Court impugning Ext.P1 order of the Co-operative Arbitration Court to the extent it finds that the enquiry report, that was prepared by the enquiry officer appointed to conduct the disciplinary proceedings against the 1st respondent, was vitiated. Although various contentions are raised in the writ petition, in its challenge against Ext.P1 order, I am of the view that the petitioner has to await the final award of the Co-operative Arbitration Court before approaching either the Appellate Authority or this Court, impugning the preliminary order.
Accordingly, without prejudice to the right of the petitioner to move the appropriate forum in its challenge against Ext.P1 order after the final award is passed by the Co-operative Arbitration Court, the writ petition is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
hmh
WP(C).No.262 OF 2020(G) 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 25/06/19 IN ARC NO.58/2011 OF THE HON'BLE COOPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM.
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether the writ petition challenging the preliminary order of the Co-operative Arbitration Court should be dismissed pending the final award?
POLACHIRA KSHEERODPADAKA SAHAKARANA SANGHAM LTD
R.SREEJAYA
THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM
STATE OF KERALA
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
