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2024 Supreme(Ker) 566

M. A. ABDUL HAKHIM
Keezhmadu Service Co-Operative Bank – Appellant
Versus
Assistant Registrar of Co-Operative Societies – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ajai John, V.M. Sajan.
For the Respondents: M.P. Ashok Kumar, Bindu Sreedhar, K.B. Sony, Asif N.

JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. Since both these writ petitions arise from the same Arbitration proceedings, I dispose both the writ petitions by a common judgment. The parties and documents are referred to according to the description in W.P. (C) No. 28342/2021.

2. The husband of the 1st petitioner and father of 2nd and 3rd petitioners, Sri. Velayudhan N.P. availed of a loan of Rs. 3,00,000/- from the 1st respondent Co-Operative Bank on 10.06.2008. On account of the default in repayment of the loan amount as per the Loan Agreement, the 1st respondent initiated arbitration proceedings under S.69 of the Kerala Cooperative Societies Act (‘the Act’ in short) and obtained Ext.P2 Arbitration Award dated 28.11.2011 in ARC No. 3087/2011 against the said Sri. Velayudhan N.P. after giving notice to him. The 1st respondent Bank instituted execution proceedings through the 2nd and 3rd respondents. The said Sri. Velayudhan N.P. received notice in the execution proceedings. Subsequently, he died on 24.02.2013.

3. W.P. (C) No. 27416/2021 is filed by the 1st respondent impleading the legal representatives of Sri. Velayudhan N.P. as respondents 3 to 5, seeking direction to the 2nd and 3rd responde

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