Beena v. the Secretary
Case brief
What is this about?
Writ petition challenging execution of arbitration award in a bank loan dispute. Court deferred recovery proceedings by two months on condition of a cross-payment deposit to enable the petitioner to challenge the award.
What did the court decide?
Recovery proceedings deferred by two months subject to deposit of Rs.50,000/-.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.75 OF 2021(H)
PETITIONER:
BEENA AGED 40 YEARS D/O. SREEKANDAN, DEVOOS, VILAPPURAM CHERI, AYIROOR P.O, AYIROOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT 695 310
BY ADVS. SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU
RESPONDENTS:
1 THE SECRETARY, AYIROOR VILLAGE SERVICE COOPERATIVE BANK LTD NO. 4267, ELAKAMON P.O, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN 695 310
2 THE ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), VARKALA TALUK SERVICE SOCIETY, VARKALA, THIRUVANANTHAPURAM 695 141 R1 BY ADV. SRI.T.C.SURESH MENON R1 BY ADV. SRI.P.S.APPU
Issues for consideration
2 issues framed by the court
Whether to grant time to the petitioner to challenge an arbitration award while deferring recovery proceedings.
Whether to impose a conditional deposit as a pre-condition for granting time.
Parties & counsel
- petitioner
BEENA
- respondent
THE SECRETARY, AYIROOR VILLAGE SERVICE COOPERATIVE BANK LTD
- respondent
THE ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR
Coram
Case details
As recorded by the court registry
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