The Court directed the 2nd Respondent (Co-operative Inspector) to expeditiously consider the petitioner's application to set aside an ex parte award, limiting this action to three months.
Directive to the 2nd Respondent to consider the application to set aside the ex parte award within three 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 SATHISH NINAN
MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
WP(C) NO. 6550 OF 2021
PETITIONER:
SARASWATHI,AGED 54 YEARS,W/O. RAJAPPAN, BINOY BHAVANAM, THAZHAKKARA MURI, THAZHAKARA VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN-690 102.
BY ADVS. M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL),CO-OPERATIVE SOCIETIES, MULLAKKAL, ALAPPUZHA DISTRICT, PIN-688 011. 2 THE CO OPERATIVE INSPECTOR/ARBITRATION OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF THE CO-OPERATIVE SOCIETIES (GENERAL), MAVELIKKARA, ALAPPUZHA-690 101. 3 THE KUNNAM SERVICE CO-OPERATIVE BANK NO.559, REPRESENTED BY ITS SECRETARY, KUNNAM P.O., MAVELIKARA, ALAPPUZHA-690 108.
BY ADVS. GOVERNMENT PLEADER SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.P.J.JOE PAUL SRI.MANU SRINATH SRI.A.R.DILEEP SRI.RAJAN G. GEORGE SR. GP. SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6550 OF 2021
2
JUDGMENT
The petitioner has approached this Court
aggrieved by the non-consideration of her application filed before the arbitrator seeking to set aside an ex parte award passed under Section 70 of the Co-Operative Societies Act.
aside an ex parte award and that such power is inherent in the exercise of jurisdiction by a quasi judicial body, has been held by this Court in Rema Devi and Others v. Joint Registrar(General) of Co-operative Societies,
Ekm and Another [2016(3) KHC 645]. Therefore, the application is liable to be considered on its merits and appropriate orders passed.
Accordingly, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on the application to set aside the ex parte award filed by the petitioner, as expeditiously as possible, and at any rate within a period of three
WP(C) NO. 6550 OF 2021
3
months from the date of receipt of a copy of this
judgment.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO. 6550 OF 2021
4
APPENDIX OF WP(C) 6550/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BEFORE THE 2ND RESPONDENT BEARING PLAINT NO.318/2020 AND HAVING FILE NO.349/2020. EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN PLAINT NO.319/2020, FOR SETTING ASIDE EXPARTE AWARD DATED 28.1.2021.
2 issues framed by the court
Whether the High Court should direct the Co-operative Societies Registrar to consider the petitioner's application to set aside an ex parte award.
What time limit should be prescribed for considering the application to set aside an ex parte award.
Colour shows how this judgement treated each authority
Rema Devi and Others v. Joint Registrar(General) of Co-operative SocietiesRelied on¶19
Rema Devi and Others v. Joint Registrar(General) of Co-operative Societies, Ekn and Another [2016(3) KHC 645]
SARASWATHI
THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, MULLAKKAL
THE KUNNAM SERVICE CO-OPERATIVE BANK NO.559
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
