IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 19^TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 WP(C) NO.45713 OF 2024 PETITIONER:

SIVASANKARAN K., AGED 77 YEARS S/O SARADHA EDOLAMMA, KAILATH HOUSE, PALLIPURAM VILLAGE & DESOM, PALLIPURAM.P.O, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680563 BY ADVS.

C.D.DILEEP SHYLAJA VARGHESE M.L.REMYA DHEERAJ PRADEEP C.

RESPONDENTS:

1 THE SPECIAL SALE OFFICER VILVATTAM SCB GROUP OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL LINE, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

2 AMMADAM SERVICE CO-OPERATIVE BANK LTD NO.533 AMMADAM P.O, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 680563

3 THE JOINT REGISTRAR (GENERAL)

CO-OPERATIVE SOCIETIES COLLECTORATE, AYYANTHOLE, THRISSUR, PIN - 680003

4 SUBHIKUMAR.K.S S/O.SUBRAHMANYAN, KORATTIPARAMBIL HOUSE, THRISSUR TALUK, KODANNUR VILLAGE & DESOM, KODANNUR P.O, THRISSUR DISTRICT, PIN - 680563 BY ADVS.RAVI SANKAR P.K.

SHEEJA C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The 4^th respondent had availed a loan from the

2^nd respondent Society. The petitioner is the surety to the said loan. On default of payment of installments, the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969 [for short, ‘the Act’]. Ext.P1 is the ex parte award. The petitioner filed Ext.P3 application to set aside Ext.P1 award. Aggrieved by the non- consideration of Ext.P3 application, the petitioner filed WP(C) No.2341 of 2024 for direction to consider Ext.P3 in the light of the decision in Rema Devi v. Joint Registrar (General) of Co-operative Societies (2016 (3) KLT 50), which was allowed by this Court vide Ext.P4 judgment dated 24.01.2024 directing the 1^st respondent to consider Ext.P3 within 30 days from the date of receipt of a copy the judgment. Pursuant to Ext.P4, the Arbitrator passed Ext.P5 order rejecting Ext.P3 application stating that the award passed is final and the remedy of the petitioner is to file appeal before the Tribunal. Challenging Ext.P5, the petitioner has filed this writ petition.

2. Smt.Sheeja C.S., the learned Senior Government Pleader, submits that, Ext.P5 order passed by the Arbitrator rejecting the application to set aside the ex parte award is appealable under Section 82(1)(c) of the Act and the petitioner has to move the Co-operative Tribunal under Section 82 of the Act.

3. Sri.C.D.Dileep, the learned Counsel for the petitioner, submits that, an appeal under Section 82 of the Act is maintainable only against the final award of the Registrar and that Ext.P5 order cannot be treated as a final award.

4. Section 82 of the Act reads as follows:

“82. Appeals to Tribunal- (1) Any person aggrieved by-

(a) an award of the Co-operative Arbitration Court, under subsection (1) of section 70; or (b) an order of the Registrar made under clause (ii) of sub-section (8) or clause (ii) of sub- section (9) of section 14; or (c) any decision of the Registrar made under sub-section (6) of section 70; or (d) any decision under sub-section (6) of section 70 of the person invested with powers in that behalf, by the Government; or (e) any award of the Arbitrator under sub-

section (6) of section 70;

may, within sixty days from the date of such decision or award, as the case may be, appeal to the Tribunal and the Tribunal, may pass such orders on the appeal, as it may deem fit.]

[(1A) The Tribunal shall pass an order under sub-section (1) within six months with direction to communicate the copies thereof within fifteen days to the parties thereof]

(2) An order passed by the Tribunal under sub-section (1) shall be final.”

5. Section 70 of the Act deals with award on disputes and sub-section (6) of Section 70 reads as follows:

“70(6) : The Registrar or the person invested with powers in this behalf shall, decide the dispute or the arbitrator shall pass an award, in accordanc