The Court disposed of a writ petition challenging undue delay in an arbitration conciliation proceeding. It directed the Arbitration Court to expedite the trial and complete pleas within six months.
Dismissal of W.P(C) No.4414/2021 with direction to the Arbitration Court to expedite pleadings and trial within six months.
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 SUNIL THOMAS
WEDNESDAY, THE 10TH DAY OF MARCH 2021 / 19TH PHALGUNA, 1942
WP(C).No.4414 OF 2021(B)
PETITIONERS:
1 V.C.SUNILKUMAR AGED 56 YEARS S/O CHELLAPPAN, AGRICULTURAL DEVELOPMENT OFFICER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, REGIONAL OFFICE, KOTTAYAM -686006, RESIDING AT VELUTHEDATHU KAROTHU, PUNNATHURA EAST P O, KOTTAYAM-686583.
2 G UNNIKRISHNAN NAIR AGED 55 YEARS S/O GOPALA PILLAI, AGRICULTURAL OFFICER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, KOTTARAKKARA, PIN-691534, RESIDING AT BINDU VILAS, THAMARAKUDI P O, KOTTARAKARA, KOLLAM-691560.
BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH
RESPONDENTS:
1 THE CO-OPERATIVE ARBITRATION COURT THIRUVANANTHAURAM-695023, REPRESENTED BY ITS SECRETARY/ASSISTANT REGISTRAR.
2 THE MANAGING COMMITTEE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD,, AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE, THIRUVANANTHAPURAM-695001., REPRESENTED BY ITS PRESIDENT.
3 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, AGRICULTURAL DEVELOPMENT BANK BUILDING, STATUE, THIRUVANANTHAPURAM-695001.
W.P(C).4414/2021
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4 S REMASAN DEPUTY MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL AND RURAL DEVELOPMENT BANK LTD, RESIDING AT NARMADA, T C.14/1478(3), ARAPURA LANE, KANNAMOOLA, THIRUVANANTHAPURAM, (GENERAL SECRETARY OF KSCARD BANK EMPLOYEES UNIONBEFI).
5 PAUL CHACKO DEPUTY MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, RESIDING AT HOUSE NO.38/361 C, IKK ROAD, WEST HILL P O, KOZHIKODE-673005.
6 P M ELDHO REGIONAL MANAGER, S/O P M MARKOSE, KERALA STATE COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, RESIDING AT PARAPPIL HOUSE, KADAYIRUPPU P O, KOLENCHERRY, ERNAKULAM-682311.
7 ANIL KUMAR REGIONAL MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, RESIDING AT SORGAM, MANASSERY, MUKKOM, KOZHIKODE673001.
R3 BY ADV. SMT.NISHA GEORGE
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).4414/2021
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JUDGMENT
The grievance of the petitioner is that, Ext.P1 ARC pending before the Co-operative Arbitration Court is being delayed, which affects the service of the petitioners and several other persons. Pursuant to a direction issued by this Court, Arbitration Court (Southern) by communication dated 05.03.2021 has informed that the matter is pending and defendants 3 and 4 were impleaded. Court has informed that, after completion of pleadings, the matter can be taken up and evidence can be completed within a period of six months.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
W.P(C).4414/2021
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE A R C NO. 36/2020 FILED BY |
|---|---|
| RESPONDENTS 1 TO 4 ALONG WITH IA NO. 01/2020 SEEKING FOR A STAY OF THE DECISION OF THE MANAGING COMMITTEE OF THE BANK TAKEN ON 10.06.2020. |
|
| EXHIBIT | P2 TRUE COPY OF THE ORDER DATED 25/08/2020 |
| PASSED BY THE ARBITRATION COURT IN IA NO.01/2020 IN ARC NO.36/2020. |
|
| EXHIBIT | P3 TRUE COPY OF THE IMPLEADING PETITION FILED BY THE PETITIONERS BEFORE THE ARBITRATION COURT IN ARC NO.36/2020. |
| EXHIBIT | P4 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS FOR VACATING EXT.P2 INTERIM ORDER. |
| EXHIBIT | P5 TRUE COPY OF THE PROCEEDINGS DATED 05.09.1986 OF THE REGISTRAR AND THE FEEDER CATEGORY RULES FRAMED BY THE BANK. |
| EXHIBIT | P6 TRUE COPY OF THE JUDGMENT DATED 03.08.2004 PASSED BY THE HON'BLE HIGH COURT IN WA NO.1312 OF 2004. |
| EXHIBIT | P7 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THE HON'BLE HIGH COURT IN WA NO.1848/2015 DATED 12.07.2018. |
2 issues framed by the court
Whether the writ petition challenging delay in arbitration proceedings should be disposed of with a direction to expedite the trial.
Whether the Arbitration Court shall provide a last opportunity to parties for completing pleadings.
V.C.Sunikumar and G Unnikrishnan Nair
The Co-operative Arbitration Court Thiruvananthapuram
The Managing Committee Kerala State Co-operative Agricultural and Rural Development Bank Ltd
The Managing Director Kerala State Co-operative Agricultural and Rural Development Bank Ltd
S Remasan and others
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
