Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 PETITIONER: REJIKUMAR, AGED 53 YEARS, S/O. K.G. SADHANANDAN, RESIDING AT KALEMAM POIKAYIL HOUSE, MADATHUMBHAGOM THEKKEKKARA, KALLOOPPARA VILLAGE, MALLAPPALLY TALUK, PATHANMATHITTA DISTRICT, PIN - 689 583. BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB
RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATIVE SOCIETIES, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 033. 2 THE KERALA CO-OPERATIVE TRIBUNAL, REPRESENTED BY ITS SECRETARY, JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD - POOJAPPURA ROAD, THIRUVANANTHAPURAM, PIN - 695 014. 3 KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A707, REPRESENTED BY ITS SECRETARY, HEAD OFFICE KAVIYOOR. 4 SECRETARY, KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A707, HEAD OFFICE KAVIYOOR, PATHANAMTHITTA, PIN - 689 582. 5 MANAGER, THOTTABHAGOM BRANCH, KAVIYOOR SERVICE CO- OPERATIVE BANK LTD. NO. A707, HEAD OFFICE KAVIYOOR, SMT. C S SHEEJA (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner has preferred Ext.P5 appeal along with an interlocutory application against Ext.P4 award in proceedings under Section 69 of the Kerala Co-operative Societies Act, 1969. The petitioner apprehends that recovery proceedings may be initiated and execution petition may be filed to execute Ext.P4 award pending consideration of the Appeal by the Co-operative Tribunal. The only prayer made by the petitioner is for a direction that recovery proceedings to enforce Ext.P4 award shall not be taken pending consideration of the stay petition by the Tribunal.
2. The learned Government Pleader would submit that Ext.P5 appeal has not yet been numbered and this may be on account of the fact that the petitioner has not paid the necessary fee on the appeal.
3. The learned counsel for the petitioner submits that the fee payable on the appeal shall be paid [if not already paid] within a period of ten days from today.
4. Having heard the learned counsel for the petitioner
and the learned Government Pleader, I am of the opinion that this writ petition can be disposed of without notice to respondents 3, 4 and 5 as no order to the prejudice of respondents 3, 4 and 5 is being issued by this Court. This writ petition will stand disposed of directing the 2 nd respondent Tribunal to consider and pass orders on the stay petition filed along with Ext.P5 appeal, within a period of six weeks from the date of receipt of a certified copy of this judgment, after affording an opportunity of hearing to the 3 rd respondent as well. Till such time as orders are passed on the stay petition as above, any recovery proceedings to enforce Ext.P4 award shall be
kept in abeyance. The petitioner will get the benefit of this order
only if Ext.P5 appeal is filed in time and the petitioner has also paid the necessary fee on the appeal. The fee, if any, payable by the petitioner [if not already paid] shall be paid within a period of ten days from today. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE DK APPENDIX OF WP(C) 28637/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSBOOK OF THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE
5TH RESPONDENT BANK TO PETITIONER DATED 20.2.23 ASKING HIM TO LIQUIDATE THE LIABILITY OF AN AMOUNT OF RS. 35,88,493/- Exhibit P3 TRUE COPY OF THE PLAINT NO. A 707 AND SUMMONS DATED 08.05.2023 RECEIVED BY THE PETITIONER Exhibit P4 TRUE COPY OF THE AWARD ISSUED BY THE ARBITRATOR DATED 25.05.2023 IN FILE NO.437/2023 Exhibit P5 TRUE COPY OF THE APPEAL ALONG WITH AN INTERLOCUTORY APPLICATION PREFERRED BY THE PETITIONER DATED 16.08.2023