S. Shanmukha Sundaram Pillai v. the Meenachil Rubber Marketing and Processing Co-Operative Soceity Ltd. No.K 118

Kerala HC19 Jul 2022WA/1693/2018

Case brief

AI extract

What is this about?

Writ Appeal by a co-operative society member against a judgment dismissing a petition. The court directed the Joint Registrar to dispose of an arbitration reference within three to four months. The impugned judgment was modified.

What did the court decide?

The impugned judgment in WP(C) No.36425/2017 was modified to direct the 5th respondent to decide ARC No.142/2018 within four months.

S. Shanmukha Sundaram Pillai Vs the Meenachil Rubber Marketing… — Arbitration | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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TUESDAY, THE 19^TH DAY OF JULY 2022 / 28TH ASHADHA, 1944

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WA NO. 1693 OF 2018

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AGAINST THE JUDGMENT IN WPC 36425/2017 OF HIGH COURT OF KERALA

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APPELLANT:

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S. SHANMUKHA SUNDARAM PILLAI AGED 55 YEARS

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LATE P.SUBRAMANYA PILLAI, NEDUNJALIL HOUSE, VELLAPPAD, PALA P.O., KOTTAYAM DISTRICT-686 575.

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BY ADV SRI.V.PHILIP MATHEW

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RESPONDENTS:

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1 THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCEITY LTD. NO.K 118 MARKET ROAD, PALA, KOTTAYAM DISTRICT-686 575, REPRESENTED BY ITS MANAGING DIRECTOR.

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2 THE MANAGING DIRECTOR THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCEITY LTD. NO.K 118, MARKET ROAD, PALA, KOTTAYAM DISTRICT-686 575

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3 THE SECRETARY THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCEITY LTD. NO.K 118, MARKET ROAD, PALA, KOTTAYAM DISTRICT-686 575

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4 THE PRESIDENT THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCEITY LTD. NO.K 118, MARKET ROAD, PALA, KOTTAYAM DISTRICT-686 575

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(DELETED)

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R4 IS DELETED AT THE RISK OF THE PETITIONER AS PER ORDER DATED 5/9/19 IN IA 1/19 IN WA 1693/18.

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5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KOTTAYAM - 686 001.

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6 THE ASSISTANT REGISTRAR (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE

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SOCIETIES, MEENACHIL, PALA, KOTTAYAM DISTRICT - 686 575.

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BY ADVS. SRI.SHAJI THOMAS AND SRI.JEN JAISON GOVERNMENT PLEADER

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SRI SAIGI JACOB PALATTY-SR.GP

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA No.1693 of 2018

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ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.

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==================

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WA No.1693 of 2018

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(arising out of the judgment dated 14.06.2018 in WP(C) No.36425/2017)

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==================

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Dated this the 19^th day of July, 2022

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J U D G M E N T

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ALEXANDER THOMAS, J

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The afore captioned Writ Appeal arises out of the impugned judgment rendered by the learned Single Judge on 14.06.2018, dismissing the instant writ petition (Civil) WP(C) No.36425/2017. The appellant herein is the petitioner in the WP(C) and the respondents in the WA are the respondents in the WP(C).

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Heard Sri.V.Philip Mathews, learned Counsel appearing for the appellant in the WA/petitioner in the WP(C), Sri.Shaji Thomas, learned Counsel appearing for respondents 1 to 3 in the WA/respondents 1 to 3 in the WP(C) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 5 & 6 in the WA/R5 & R6 in the WP(C). R4 in the WA has been deleted from the respondent array in this Writ Appeal as per order dated

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WA No.1693 of 2018

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05.09.2019, rendered by this Court on IA No.1 of 2019 in the instant WA.

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Today, when the matter has been taken up for consideration, Sri.V.Philip Mathews, learned Counsel appearing for the appellant would submit on the basis of instructions from his party that the dispute in this case can be resolved on this Court directing the 5^th respondent notified Registrar of Co-operative Societies to consider and dispose of the Arbitration Reference Case, ARC No.142/2018, within a reasonable time limit that may be fixed by this Court and taking note of the fact that the ARC has been filed in the year 2018. Sri.Shaji Thomas, learned Counsel appearing for official respondents 1 to 3 and the learned Senior Government Pleader appearing for official respondents 5 & 6 does not have any serious objection to the said course of action. Accordingly, it is ordered in the interest of justice that the 5^th respondent Joint Registrar of Co-operative Societies/notified Registrar concerned will immediately take up for consideration, the matter presented by the appellant as ARC No. 142/2018 and after affording reasonable opportunity to the appellant herein as well as respondent Meenachil Rubber Marketing and Processing Co-operative Society Ltd, will render final award in the matter without much delay,

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WA No.1693 of 2018

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preferably within three months at any rate within the outer time limit of four months from the date of receipt of a copy of this judgment. Secretary to the office of the Advocate General will immediately forward a copy of this judgment to the 5^th respondent Joint Registrar of Co-operative Societies for necessary information and expeditious compliance. The impugned judgment of the learned Single Judge in the instant WP(C) will stand modified and substituted as above.

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With these observations and directions, the above WA will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- SHOBA ANNAMMA EAPEN, JUDGE

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Nsd

S. Shanmukha Sundaram Pillai v. the Meenachil Rubber Marketing and Processing Co-Operative Soceity Ltd. No.K 118

Case brief

What is this about?

What did the court decide?

S. Shanmukha Sundaram Pillai v. the Meenachil Rubber Marketing and Processing Co-Operative Soceity Ltd. No.K 118

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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