IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(C) NO. 42673 OF 2022 PETITIONERS:

1 ALI SABRI, AGED 56 YEARS, S/O KOCHU, PALLIPPARAMBIL HOUSE, MUKUNDAPURAM, IRINJALAKKUDA, THRISSUR DISTRICT, PIN: 680733. 2 AMINA, AGED 52, W/O ALI SABRI, PALLIPPARAMBIL HOUSE, MUKUNDAPURAM, IRINJALAKKUDA, THRISSUR DISTRICT, PIN: 680733.

3 SALI, AGED 32,D/O ALI SABRI, PALLIPPARAMBIL HOUSE, MUKUNDAPURAM, IRINJALAKKUDA, THRISSUR DISTRICT, PIN: 680733.

4 ANEES P.A, AGED 29, S/O ALI SABRI, PALLIPPARAMBIL HOUSE, MUKUNDAPURAM, IRINJALAKKUDA, THRISSUR DISTRICT, PIN: 680733.

BY ADVS.

K.B.PRADEEP HARISANKAR R RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695001.

2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)-THRISSUR, AYYANTHOLE, THRISSUR DISTRICT, PIN:680003.

3 KARUVANUR SERVICE CO-OPERATIVE BANK NO.112, KARUVANNUR, PORATHISSERY, THRISSUR DISTRICT, PIN: 680711, REPRESENTED BY ITS SECRETARY.

4 GROUP ARBITRATOR/SPECIAL OFFICER, APPOINTED FOR KARUVANUR SERVICE COOPERATIVE BANK NO.112, KARUVANNUR, PORATHISSERY, THRISSUR DISTRICT, PIN: 680711.

BY ADVs.

SRI.V.BINOY RAM SMT.MABLE C KURIAN, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 17^th day of July, 2024 The petitioners, who have suffered Exts.P2, P4, P6 and P8 Awards at the instance of the Arbitrator, have approached this Court seeking to quash the same and to command the respondents to keep in abeyance all coercive steps against the petitioners and their assets for such time this Court deems fit proper and equitable in the facts and circumstances of the case.

2. When this writ petition came up for admission this Court passed an interim order on 23.12.2022 directing that the coercive steps for recovery based on Exts.P2, P4, P6 and P8 Awards shall be kept in abeyance for a period of six weeks. The said interim order was extended from time to time.

3. When this writ petition came up for hearing today, the counsel on either side submit that the petitioners have approached the Kerala Co-operative Tribunal challenging Exts.P2, P4, P6 and P8 Awards. If that be so, it would not be proper for the petitioners to proceed parallelly against the Awards before this Court and before the Tribunal.

4. In the circumstances, it would be only appropriate that the petitioners are granted liberty to prosecute the matter before the competent Tribunal.

The writ petition is therefore closed granting liberty to the petitioner to prosecute the Appeal/Revision against Exts.P2, P4, P6 and P8 Awards before the Kerala Co-operative Tribunal. The benefit of the interim order passed by this Court on 23.12.2022 will continue to enure to the benefit of the petitioners for a period of one month.

Sd/-

N. NAGARESH JUDGE SR APPENDIX OF WP(C) 42673/2022 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE EXECUTION PETITION NO. 1205/18 DATED NIL.

Exhibit P2 TRUE COPY OF THE ARBITRATOR'S AWARD DATED 27-04-2018 IN FILE NO.

R/5212/17 PLAINT.

Exhibit P3 TRUE COPY OF THE EXECUTION PETITION NO. 1203/18 DATED NIL.

Exhibit P4 TRUE COPY OF THE ARBITRATOR'S AWARD DATED 27-04-2018 IN FILE NO.

R/5214/17 PLAINT.

Exhibit P5 TRUE COPY OF THE EXECUTION PETITION NO. 872/19 DATED NIL.

Exhibit P6 TRUE COPY OF THE ARBITRATOR'S AWARD DATED 27-04-2018 IN FILE NO.

R/5213/17 PLAINT.

Exhibit P7 TRUE COPY OF THE EXECUTION PETITION NO. 1206/18 DATED NIL.

Exhibit P8 TRUE COPY OF THE ARBITRATOR'S AWARD DATED 27-04-2018 IN FILE NO.

R/5216/17 PLAINT.

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 01-

09-2022 BY THE 1ST PETITIONER TO THE

2ND RESPONDENT.