Disposed

Minu P. v. Vs Thevalakkara Farmer'S Service Co-Operative Bank Ltd. No. 4047 Thevalakkara

Kerala HC25 Jul 2024WP(C)/1763/2024

Case brief

AI extract

What is this about?

This writ petition sought to implead the petitioner as an affected heir in pending execution proceedings arising from an arbitration award involving her late father's property ge

What did the court decide?

Writ petition disposed of directing the Arbitrator to implead the petitioner in the five pending execution proceedings if not already impleaded and provide an effective opportunity to defend.

Minu P. v Vs Thevalakkara Farmer'S Service… — Execution and Attachment | Kerala HC (2024)

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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 N.NAGARESH

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THURSDAY, THE 25TH DAY OF JULY 2024/3RD SRAVANA, 1946

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W.P.(C) NO.1763 OF 2024

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PETITIONER:

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MINU P. V., AGED 55 YEARS, S/O SHIBU C. G.,
NEELANJANAM, KOTTAPPURAM, PARAVOOR P.O, PARAVOOR,
KOLLAM, KERALA, PIN - 691301
BY ADV MINU VITTORRIA PAULSON

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RESPONDENTS:

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1 THEVALAKKARA FARMER'S SERVICE CO-OPERATIVE BANK LTD. NO. 4047, THEVALAKKARA KOLLAM DISTRICT, KERALA , REPRESENTED BY SECRETARY., PIN - 690524

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2 SALES OFFICER KULASEKHARAPRAM SERVICE CO-OPERATIVE BANK (GROUP). OFFICE OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), KARUNAGAPPALLY, KOLLAM, PIN - 695044

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3 ASHOKAPANICKER V.P., AGED 44 YEARS, S/O. PRABHAKARAN, RESIDING AT ASHOKA BHAVANAM, PALAICKAL, THEVALAKKARA P.O., THEVALAKKARA, KOLLAM, KERALA, PIN - 690524

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BY ADVS.
MOHAN LAL,
B UMMUL FIDA
ASWIN V. NAIR(K/1019/2017)
P.S.PREETHA(K/883/1998)
JAYAPRABHA ARJUN(K/001757/2023)
BLESSY MARY SEBASTIAN(K/003114/2023)
AJAY S. KOSHY(K/003202/2022)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.1763 of 2024

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: 2 :

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J U D G M E N T

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(Dated this the 25^th day of July , 2024 )

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The petitioner is the daughter of late K.Prabhakaran, who passed away on 10.01.2018. K.Prabhakaran is survived by three daughters and one son. The 3^rd respondent, Ashokapanicker V.P. is the petitioner's brother. The father of the petitioner was in ownership and possession of various properties, including a landed property measuring 23.9 Ares located in Re-survey Nos.295/2/3 and 295/19 in Thevalakkara Village, Kollam District.

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It is understood that the 3^rd respondent, who is none other than the brother of the petitioner, committed fraud and obtained a loan from the 1^st respondent-Bank by mortgaging the property belonging to the father of the petitioner. It has also been learnt that the same property has been pledged as security for other loans obtained by different persons.

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Though the Award was passed before the death of

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the petitioner’s father, he was never heard or given an

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W.P.(C) No.1763 of 2024

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: 3 :

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opportunity of hearing. It has to be presumed that the execution proceeding was carried out without issuing notice as mandated or following the correct procedure.

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The father of the petitioner died on 10.01.2018,

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but the 1^st respondent had proceeded with the execution proceeding pursuant to the Award without including the petitioner or other legal heirs in the party array. The petitioner came to know about the proceedings upon receiving Ext.P5 notice. The petitioner had preferred Exts.P6 to P10 petitions before the 2^nd respondent. If the execution proceedings are carried out without considering the filed petitions, it will cause irreparable loss and hardship to the petitioner.

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I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned counsel appearing for the 3^rd respondent.

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It is evident from the pleadings and arguments that in respect of loans/financial advances taken by the 3^rd

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W.P.(C) No.1763 of 2024

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: 4 :

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respondent for which the petitioner’s late father stood as a guarantor mortgaging his property, five Awards have been passed by the Arbitrator. The petitioner came to know about the proceedings only when Ext.P5 sale notice was published in the newspaper. The petitioner states that there are five Execution Petitions against the property, over which the petitioner also has rights.

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The petitioner has filed Exts.P6 to P10 petitions to get impleaded in the execution proceedings. The petitioner states that she could obtain copy of Awards only in respect of two arbitration cases. Unless the petitioner is permitted to defend the proceedings and become a party to the execution proceedings, she will face undue hardship.

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Standing Counsel representing the 1^st respondent submitted that the petitioner has already appeared before the Arbitrators and was heard in detail. The petitioner submitted that she will abide by any orders that may be passed by this Court in this writ petition.

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W.P.(C) No.1763 of 2024

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: 5 :

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Considering the fact that the petitioner is an

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affected party in the execution proceedings, it would only be just and proper to implead the petitioner in the matter if she has not already been impleaded. The petitioner shall be given an opportunity to defend the execution proceedings effectively.

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The writ petition is therefore disposed of, directing the Arbitrator to implead the petitioner in the five pending execution proceedings if the petitioner is not already impleaded and provide an effective opportunity for the petitioner to defend those proceedings.

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If the petitioner makes application for copies of Awards

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and any other documents, the same shall be considered as per usual norms.

Sd/-

N. NAGARESH

JUDGE

RPR/-

W.P.(C) No.1763 of 2024

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: 6 :

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APPENDIX OF W.P.(C) NO.1763/2024

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PETITIONER’S EXHIBITS

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EXHIBIT P1A TRUE COPY OF THE DEATH CERTIFICATE DATED
22/01/2018

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EXHIBIT P2A TRUE COPY OF THE DOCUMENT NO. 1870/1972 DATED
29/07/1972

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EXHIBIT P3A TRUE COPY OF THE AWARDS DATED 30/05/2017 IN A.R.C
150 OF 2017

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EXHIBIT P4A TRUE COPY OF THE AWARDS DATED 30/05/2017 IN A.R.C
173 OF 2017

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EXHIBIT P5A TRUE COPY OF THE NEWSPAPER NOTICE PUBLISHED IN
MALAYALAM MANORAMA DATED 17/12/2023

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EXHIBIT P6A TRUE COPY OF THE PETITION FILED IN E.A 151/2018
IN ARC 148/2017 DATED 11/01/2024

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EXHIBIT P7A TRUE COPY OF THE PETITION FILED IN E.A 152/2018
IN ARC 149/2017 DATED 11/01/2024
EXHIBIT P8A TRUE COPY OF THE PETITION FILED IN E.A 149/2018
IN ARC 150/2017 DATED 11/01/2024
EXHIBIT P9A TRUE COPY OF THE PETITION FILED IN E.A 150/2018
IN ARC 152/2017 DATED 11/01/2024
EXHIBIT P10A TRUE COPY OF THE PETITION FILED IN E.A 126/2018
IN ARC 173/2017 DATED 11/01/2024

Minu P. v. Vs Thevalakkara Farmer'S Service Co-Operative Bank Ltd. No. 4047 Thevalakkara

Case brief

What is this about?

What did the court decide?

Minu P. v. Vs Thevalakkara Farmer'S Service Co-Operative Bank Ltd. No. 4047 Thevalakkara

Case brief

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What did the court decide?

What the court decided

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