Anitha U.P vs the Arbitrator Cum the Special Sale Officer

Anitha U.P vs The Arbitrator Cum the Special Sale Officer

Type Court Judgment Court Kerala Decided Mar 27, 2025

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https://sooperkanoon.com/case/1279913

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Citation: sooperkanoon.com/1279913
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 27, 2025
Case Number: WP(C)/12439/2025
Subject: Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

Arbitration

Key legal issue: Arbitration

Parties & Advocates

Appellant / Petitioner

Anitha U.P

Respondent

The Arbitrator Cum the Special Sale Officer

Excerpt

.....03.06.2021. later, ext.p1 award was passed in the arbitration proceedings initiated by the society. the petitioner has filed exts.p2 and p4 representations informing the society that she is willing to clear off the liability, if sufficient time is provided to pay the loan amount in monthly installments. the limited prayer of the petitioner is for a consideration of ext.p4 representation by the 4th respondent, the managing committee of the 2nd respondent society.2. heard the learned counsel for the petitioner. in the nature of the limited prayer made by the petitioner, notice to the respondents are dispensed with.3. in the facts and circumstances of thecase and having regard to the submissions made across the bar, there will be a direction to the 4 th respondent to consider ext.p4, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. till such time orders are passed and communicated to the petitioner, there shall not be any coercive steps pursuant to ext.p1 award. the writ petition is dispose of with the above direction. sd/- murali purushothaman judge sprappendixpetitioner’s exhibits:- exhibit p1 the true copy of the award passed by the 1st respondent in arc no.488/2022 dated 14.10.2024. exhibit p2 the true copy of the representation dated 18.02.2025 filed by the petitioner before the 3rd respondent. exhibit p3 the true copy of the postal receipt dated 19.02.2025. exhibit p4 true copy of representation submitted by the petitioner to the 4th respondent dated respondents exhibits:- nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12439 OF 2025 PETITIONER: ANITHA U.P AGED 45 YEARS W/O. LATE SREEKUMAR, VAISHNAVAM, NEAR S.N. THEATRE, KILIMANOOR, PAZHAYAKUNNUMMEL, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695 601. BY ADV M.R.SASITH RESPONDENTS:
1 THE ARBITRATOR CUM THE SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695 304. 2 THE PAZHAYAKUNNUMMEL SERVICE CO-OPERATIVE BANK LTD.NO.1517 REPRESENTED BY ITS SECRETARY, KILIMANOOR, THIRUVANANTHAPURAM, PAZHAYAKUNNUMMEL, KERALA, PIN - 695 601. 3 THE SECRETARY PAZHAYAKUNNUMMEL, KERALA, PIN - 695 601. 4 MANAGING COMMITTEE PAZHAYAKUNNUMMEL, KERALA REPRESENTED BY ITS PRESIDENT, PIN - 695 601.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner’s late husband had availed a loan from the 2nd respondent Society. There was default in payment of installments. The petitioner’s husband committed suicide on 03.06.2021. Later, Ext.P1 Award was passed in the arbitration proceedings initiated by the Society. The petitioner has filed Exts.P2 and P4 representations informing the Society that she is willing to clear off the liability, if sufficient time is provided to pay the loan amount in monthly installments. The limited prayer of the petitioner is for a consideration of Ext.P4 representation by the 4th respondent, the Managing Committee of the 2nd respondent Society.

2. Heard the learned counsel for the petitioner. In the nature of the limited prayer made by the petitioner, notice to the respondents are dispensed with.

3. In the facts and circumstances of the

case and having regard to the submissions made across the Bar, there will be a direction to the 4 th respondent to consider Ext.P4, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Till such time orders are passed and communicated to the petitioner, there shall not be any coercive steps pursuant to Ext.P1 Award. The writ petition is dispose of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR

APPENDIX

PETITIONER’S EXHIBITS:- EXHIBIT P1 THE TRUE COPY OF THE AWARD PASSED BY THE 1ST RESPONDENT IN ARC NO.488/2022 DATED 14.10.2024. EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 18.02.2025 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE POSTAL RECEIPT DATED 19.02.2025. EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED RESPONDENTS EXHIBITS:- NIL.

Same Court & Year Kerala · 2025 Same Parties Anitha U.P vs The Arbitrator Cum the Special Sale Officer Same Subject Arbitration Same Judge Honourable Mr.Justice Murali Purushothaman