This is a short order disposing of a petition against continued recovery proceedings. The court directed the 2nd respondent to consider pending applications and granted an interim stay on recovery until those are disposed of within two months.
Grammatical issues in JSON protection
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944
WP(C) NO. 29669 OF 2022
PETITIONER:
SHARIJA.A AGED 40 YEARS W/O ASHOKAPANICKER.V.P, RESIDING AT ASHOKA BHAVANAM, PALAICKAL,THEVALAKKARA, THEVALAKKARA, KOLLAM, KERALA-690524.
BY ADVS. UMMUL FIDA C.IJLAL NIMMY JOHNSON
RESPONDENTS:
1 THEVALAKKARA FARMER'S SERVICE CO-OPERATIVE BANK LTD NO.4047 THEVALAKKARA, KOLLAM DISTRICT, KERALA-690524, REPRESENTED BY SECRETARY. 2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY, KOLLAM-690544. 3 SALES OFFICER, KULASEKHARAPRAM SERVICE CO-OPERATIVE BANK GROUP), OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KARUNAGAPPALLY, KOLLAM-690544.
BY ADVS. B.MOHANLAL ABIJITH M. SMT. MABLE C. KURIAN, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No. 29669 of 2022
J U D G M E N T
Dated this the 21st day of November, 2022
The grievance of the petitioner is that the execution of the award Ext.P1 is being continued despite the fact that the petitioner has preferred an application for setting aside the ex-parte order. This Court had directed the petitioner to remit a sum of Rs.1,00,000/- which is stated to have been deposited.
In the above circumstances the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P3, P4 and P5 at the earliest, at any rate, within a period of two months from the date of a copy of this judgment. The interim stay of recovery proceedings shall continue to be in force till the disposal of the above applications by the 2nd respondent.
Sd/-
T. R. RAVI
JUDGE
ams
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WP(C) No. 29669 of 2022
APPENDIX OF WP(C) 29669/2022
PETITIONER'S EXHIBITS
Exhibit P1 A PHOTOCOPY OF THE EXPARTE AWARD IN ARC 148/2017 DATED 31/05/2017 PASSED BY THE FIRST RESPONDENT.
Exhibit P2 A PHOTOCOPY OF THE RECOVERY AND POSSESSION NOTICE DATED 20/O6/2022 ISSUED BY THE THIRD RESPONDENT.
Exhibit P3 A PHOTOCOPY OF I.A. FOR SETTING ASIDE EXPARTE AWARD FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 14/09/2022.
Exhibit P4 A PHOTOCOPY OF I.A.FOR CONDONATION OF DELAY PETITION FILED BY THE PETIITONER BEFORE THE FIRST RESPONDENT 14/09/2022.
Exhibit P5 A PHOTOCOPY OF I.A. FOR STAYING PETIITON THE E.P IN ARC 148/2017 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT 14/09/2022.
1 issue framed by the court
Whether to grant interim stay of recovery proceedings pending disposal of applications to set aside ex-parte award.
SHARIJA.A
THEVALAKKARA FARMER'S SERVICE CO-OPERATIVE BANK LTD
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY
SALES OFFICER, KULASEKHARAPRAM SERVICE CO-OPERATIVE BANK GROUP
T.R.RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
