SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Ker) 221

SHAJI P.CHALY
REMA DEVI – Appellant
Versus
JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOIN REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, ERNAKULAM – Respondent


Advocates Appeared:
For the Appellant :SRI.K.ANAND,SENIOR ADVOCATE, SMT.LATHA ANAND
SRI.M.N.RADHAKRISHNA MENON, SRI.JOSEPH SEBASTIAN (PARACKAL)
For the Respondent: GOVERNMENT PLEADER SRI.A.J.JOSE AEDAIODI, SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK

JUDGMENT :

The captioned writ petitions are connected with respect to the question to be decided and therefore, I propose to dispose of the writ petitions together. The common question arising in the writ petitions is whether the Arbitration Court under the Kerala Co-operative Societies Act (hereinafter referred to as "the Act") has power to set aside an ex parte award. The facts may not have much bearing, but, however facts encapsulated are recited herein.

2. Petitioners in the writ petitions are defendants in ARC Nos.246/2011 and 328/2014 filed by the 2nd and 4th respondent banks respectively. The said arbitration cases are filed by the respective banks to recover the money due to it from the petitioners herein. Petitioners in W.P.(C) No.113719/2016 are legal heirs of one Raveendran Pillai, who stood as guarantor to the loan transactions. Consequent to the death of Raveendran Pillai, petitioners were impleaded, and had filed written statement refuting the contentions and claims and demands in the arbitration case. On 24.11.2015, when the case was taken up for consideration there was no representation and thereupon they were set ex parte and Ext.P1 award was passed. Petitioners rece
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top