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2016 Supreme(Online)(KER) 43160

HIGH COURT OF KERALA
SHAJI P.CHALY, J
RAMESH KUMAR – Appellant
Versus
ERNAKULAM DISTRICT CO-OPERATIVE BANK – Respondent


JUDGMENT

The captioned writ petitions are connected with respect to the question to be decided and therefore, I propose to dispose of the writ petitions together. The common question arising in the writ petitions is whether the Arbitration Court under the Kerala Co-operative Societies Act (hereinafter referred to as “the Act”)has power to set aside an ex parte award. The facts may not have much bearing, but, however facts encapsulated are recited herein.

2. Petitioners in the writ petitions are defendants in ARC Nos.246/2011 and 328/2014 filed by the 2nd and 4th respondent banks respectively. The said arbitration cases are filed by the respective banks to recover the money due to it from the petitioners herein. Petitioners in W.P.(C) No.113719/2016 are legal heirs of one Raveendran Pillai, W.P.(C). Nos.13719 & 18362 of 2016 2 who stood as guarantor to the loan transactions. Consequent to the death of Raveendran Pillai, petitioners were impleaded, and had filed written statement refuting the contentions and claims and demands in the arbitration case. On 24.11.2015, when the case was taken up for consideration there was no representation and thereupon they were set ex parte and Ext.P1

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