The High Court of Kerala allowed a writ petition wherein the court directed the 2nd respondent to consider the petitioners application to set aside an ex parte award and pass appropriate orders within three months.
Directed the 2nd respondent to consider and pass orders on 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. 6594 OF 2021
PETITIONERS:
BY ADVS. M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE
RESPONDENTS:
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.P.J.JOE PAUL SRI.MANU SRINATH SRI.A.R.DILEEP SRI.RAJAN G. GEORGE SR. GP. SMT.SHEEJA C.S
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. 6594 OF 2021
2
JUDGMENT
The petitioners have approached this Court
aggrieved by the non-consideration of their 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 applications to set aside the ex parte award filed by the petitioners, as expeditiously as possible, and at any rate within a period of three
WP(C) NO. 6594 OF 2021
3
months from the date of receipt of a copy of this
judgment.
Sd/-
SATHISH NINAN
JUDGE
vdv
WP(C) NO. 6594 OF 2021
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APPENDIX OF WP(C) 6594/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BEFORE THE 2ND RESPONDENT BEARING PLAINT NO.339/2020. EXHIBIT P2 TRUE COPY OF THE EX PARTE AWARD DATED 28/01/2021 PASSED BY THE 2ND RESPONDENT IN PLAINT NO.339/2020. EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN PLAINT NO.339/2020, FOR SETTING ASIDE EXPARTE AWARD DATED 28/01/2021.
2 issues framed by the court
Whether the petitioners application to set aside the ex parte award filed before the arbitrator should be considered on its merits.
Whether the arbitrator has the inherent power 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 SocietiesFollowed¶22
Rema Devi and Others v. Joint Registrar(General) of Co-operative Societies, Ekm and Another [2016(3) KHC 645]
1 provisions across 1 enactments
Saraswathi
Binoy
The Joint Registrar (General), Co-operative Societies, Mullakkal
The Co-operative Inspector/Arbitration Officer
The Kunnam Service Co-operative Bank
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
