Court directs provision of arbitration award copy to enable challenge despite no-notice claim under Co-operative Societies Act.

J U D G M E N T

The petitioner availed credit facilities from the Kerala State Co- operative Bank Limited through which Njeezhoor Branch, Kottayam. On default being committed, the bank initiated proceedings underSection 69of theKerala Co-operative Societies Act, 1969(hereinafter referred to as the “1969 Act”) and obtained an award determining the liability of the petitioner. According to the petitioner, no notice of the Arbitration Proceedings was ever served on the petitioner. It is also submitted that the guarantor had passed away and that a demand notice had been issued to the legal heirs. It is further submitted that, thereafter, no further notice was received in the Arbitration proceedings. It is submitted that the petitioner has now filed Ext.P6 before the first respondent seeking copy of the award so as to enable the petitioner to challenge the award in accordance with the law.

2. Heard the learned counsel appearing for the Kerala State Co-operative Bank and the learned Government Pleader appearing for the official respondents.

3. Having heard the learned counsel appearing for the petitioner, the learned Government Pleader, and the learned counsel appearing for the respondent bank, and considering the limited nature of the relief now sought for by the petitioner, I am of the opinion that this writ petition can be disposed of directing the first respondent to consider Ext.P6 and to provide a copy of the award and any other documents in relation to the arbitration that may be required by the petitioner, within a period of four weeks from today. Thereafter, it is for the petitioner to challenge the award in accordance with the law.