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2025 Supreme(Online)(Ker) 52236

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SAJEEV.R – Appellant
Versus
THE GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LTD.NO.57, KOLLAM – Respondent
WP(C) NO. 15556 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.K.SIJU, SHRI.S.ABHILASH, SMT.ANJANA KANNATH, SMT.MARIYA JOSE, SMT.JOSHNA JOY
For the Respondents: SRI.H.VISHNUDAS

The court's jurisdiction is limited when an arbitrator's award is set aside and remanded for fresh consideration.

Headnote:The petitioner challenged the non-return of title documents after an Arbitrator's award under Section 69 of the Kerala Co-operative Societies Act, 1969 ruled no recoverable amount from the petitioner. The Tribunal subsequently set aside this award, necessitating a fresh assessment by the Arbitrator. The Court found no grounds to grant reliefs at this stage due to the remand for reconsideration by the Arbitrator. Therefore, the conclusion was to close the writ petition while allowing the petitioner to present all arguments before the Arbitrator.

Table of Content
1. the court addresses the issues surrounding the retention of title documents. (Para 1)
2. challenge to the arbitrator's award and remand for reconsideration. (Para 2)
3. court's view on the writ petition and its closure, allowing further contention. (Para 3)

J U D G M E N T

The petitioner has approached this court being aggrieved by the fact that though an Arbitrator appointed under Section 69 of the Kerala Co-operative Societies Act , 1969 has found that there is no amount recoverable from the petitioner for the reasons stated in Ext.P6 award, the documents of title which have been deposited by the petitioner at the time of availing the loan from the 1st respondent society has not been returned to the petitioner.

2. The learned counsel appearing for respondents 1 and 2 would submit that Ext.P6 award of the Arbitrator was challenged before the Kerala Co-operative Tribunal. It is submitted that by order dated 25-09-2024 in Appeal No.92/2024 the Kerala Co-operative Tribunal has set aside Ext.P6 award and the matter was remanded for fresh consideration of the Arbitrator. A copy of the order of the Kerala Co-operative Tribunal is also placed on record as Ext.R1 (a).

3. Having heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 2 and having perused Ext.P6 award and Ext.R1 (a) order of the Kerala Co-operative Tribunal, I am of the view that since matter has been remanded for the fresh consideration of the Arbitrator, the reliefs sought for in the writ petition cannot be granted presently. Accordingly this writ petition is closed, leaving it open to the petitioner to raise all contentions before the Arbitrator.

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