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

2025 Supreme(Online)(Ker) 52244

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
JAQUALIM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.VARGHESE C.KURIAKOSE, SRI.P.J.JOSE, SHRI.KURUVILLA MATHEW, SHRI.VIPIN C. VARGHESE, SMT.AMRITHA.J, SHRI.EBIN THOMSON
For the Respondents: SHRI.P.C.SASIDHARAN

J U D G M E N T

The petitioners suffered an award in proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969 as ARC No.1944/2017. According to the petitioners, they did not receive proper summons. It is their case that on account of improper service of summons or failure to serve summons, they were set ex parte in the the arbitration proceedings and Ext.P2 award dated 14-11-2017 was passed determining the liability of the petitioner by the 5th respondent bank. The petitioners preferred separate applications as Exts.P5 and P6 before the 4th respondent for setting aside the ex parte award. Those applications are seen dated 24-08-2025. By Ext.P7 communication, the petitioners have been informed that the application for setting aside the ex parte award cannot be considered and proceedings for sale of the property of the petitioners has been taken for recovery of the amounts due under the award. The petitioners are thus before this court seeking the following reliefs:

“(i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ, calling for the records leading to Ext.P7 examine the same and quash and set aside the same, holding the same

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