Disposed

M. Abdul Jaleel v. the Assistant Registrar/Arbitrator/Sale Officer

Kerala HC23 Feb 2024WP(C)/21518/2023

Case brief

AI extract

What is this about?

A writ petition over recovery steps under an award in an ARC despite a pending application by the debtor's legal heirs to set aside the ex parte award. The court held the application could be entertained and directed the Arbitrator to consider it with notice and hearing, keeping recovery in abeyance meanwhile.

What did the court decide?

Arbitrator directed to consider Ext.P2 application with notice and hearing; recovery under Ext.P1 kept in abeyance until decision.

M. Abdul Jaleel Vs the Assistant… — Cooperative Societies | 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 GOPINATH P.

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FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

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WP(C) NO. 21518 OF 2023

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PETITIONER:

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M. ABDUL JALEEL
AGED 53 YEARS, S/O. MADATHIL BEERAVUNNI,
VELLAYOOR P.O., MALAPPURAM DISTRICT,
PIN – 679 327.

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BY ADV P.M.POULOSE

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RESPONDENTS:

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1 THE ASSISTANT REGISTRAR/ARBITRATOR/SALE OFFICER NILAMBUR, MALAPPURAM DISTRICT, PIN – 679 329.

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2THE SECRETARY IN CHARGE
KALIKAVU SERVICE CO-OPERATIVE BANK,
PERINTHALMANNA P.O., MALAPPURAM DISTRICT,
PIN – 679 322.

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BY ADVS.
 A.S.DILEEP
 P.BINOD(K/647/1987)
 K.Y.SUDHEENDRAN(K/000625/1987)
 SUSEELA DILEEP(S-1307)
 SUDEEP ARAVIND PANICKER(K/000517/2018)
 P . M SHAMEER (GP)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21518/2023

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-:2:-

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J U D G M E N T

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The petitioner is one of the legal heirs of the 1^st respondent in ARC No.2248 of 2022 on the files of the 1^st respondent. The petitioner has approached this Court being aggrieved by the fact that steps are being taken to recover the amounts due under Ext.P1 award in ARC No.2248 of 2022, despite the fact that the petitioner and other legal heirs have preferred Ext.P2 application for setting aside the ex parte award.

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The learned counsel appearing for the 2^nd respondent would submit that this is a case where the petitioner had purposefully remained absent after entering appearance before the Arbitrator. It is submitted that in such circumstances, it cannot be said that the award was ex parte and therefore Ext.P2 application may not be maintainable. It is submitted that consideration of any further application at the hands of the Arbitrator would amount to review, as the petitioner had entered appearance

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W.P.(C) No.21518/2023

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-:3:-

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before the Arbitrator and failed to raise any contention before the Arbitrator.

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Having heard the learned counsel for the petitioner and the learned counsel for the 2^nd respondent, I am of the view that in the light of the law laid down by this Court in Rema Devi v. Joint Registrar (General) of Cooperative Societies; 2016 (3) KLT 50, Ext.P2 application can be entertained by the Arbitrator. The contention of the learned counsel for the 2^nd respondent that Ext.P1 is not an ex parte award cannot be accepted, as Ext.P1 award does not state that the petitioner or other legal heirs had entered appearance and had thereafter failed to participate in the proceedings.

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Therefore, this writ petition will stand disposed of directing the 1^st respondent (Arbitrator) to consider and pass orders on Ext.P2 with notice to the petitioner and to the 2^nd respondent and after affording an opportunity of hearing to the petitioner and to the 2^nd respondent. While considering Ext.P2, it will also be open to the 1^st respondent

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W.P.(C) No.21518/2023

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-:4:-

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to consider as to whether the petitioner or other legal heirs had actually entered appearance before the 1^st respondent and had thereafter failed to contest the matter. Till such time as orders are passed on Ext.P2, the recovery proceedings pursuant to Ext.P1 shall be kept in abeyance.

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Writ petition is disposed of as above.

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Sd/GOPINATH P. JUDGE

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ats

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W.P.(C) No.21518/2023

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-:5:-

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APPENDIX OF WP(C) 21518/2023

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE AWARD DATED 22-7-2022` `PASSED BY THE 1ST RESPONDENT IN ARC` `NO.2248/2022`
`Exhibit P2`	`A TRUE COPY OF THE APPLICATION SUBMITTED BY` `THE PETITIONER AND OTHER LEGAL HEIRS THE 1ST` `RESPONDENT BEFORE THE 1ST RESPONDENT DATED` `31-12-2022`
`Exhibit P3`	`A TRUE COPY OF THE DEATH CERTIFICATE OF THE` `MOTHER OF THE PETITIONER ISSUED BY THE` `KALIKAVU GRAMA PANCHAYATH DATED, 6-3-2013`
`Exhibit P4`	`TRUE COPY OF THE NOTICE DATED 22.1.2024` `ISSUED BY 1ST RESPONDENT TO THE PETITIONER`

M. Abdul Jaleel v. the Assistant Registrar/Arbitrator/Sale Officer

Case brief

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What did the court decide?

M. Abdul Jaleel v. the Assistant Registrar/Arbitrator/Sale Officer

Case brief

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