IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 11604 of 2005(F) -------------------------- PETITIONER: ------------------ K.AVARA HAJI, KATTUKANDAN HOUSE, KOTTAPURAM P.O., SREEKRISHNAPURAM-VIA, PALAKKAD DISTRICT. BY ADVS. SRI.K.MOHANA KANNAN SMT.PRAVITHA A.R RESPONDENTS: ----------------------- 1. THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, MANNARKKAD, PALAKKAD. 3. ARIYUR SERVICE CO-OPERATIVE BANK LTD., NO.F.1566, ARIYUR, KOTTOPADAM P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, REP. BY ITS SECRETARY. 4. BOARD OF DIRECTORS, ARIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.1566, REP. BY ITS PRESIDENT, ARIYOOR, KOTOPADAM P.O., PALAKKAD DISTRICT, PIN-678 583. 5. KUNHAYAMMU, FORMED SECRETARY, ARIYUR SERVICE CO-OPERATIVE BANK LTD. NO.1566, RESIDING AT VENNAKKATTIL HOUSE, BHEEMANAD, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADVS. SRI.V.CHITAMBARESH FOR R3 & R4 SRI.T.C.SURESH MENON FOR R3 & R4 SRI.SUNNY MATHEW FOR R5 GOVT. PLEADER SRI. MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 11604/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER ON 3.9.2003 TO THE 3RD RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE PLAINT SUBMITTED BY THE 3RD RESPONDENT IN ARC NO. 1030/2003. EXHIBIT P3 : TRUE COPY OF THE NOTICE SERVED BY THE 2ND RESPONDENT IN ARC NO. 1030/2003. EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20.11.2003 BEFORE THE 2ND RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT IN ARC NO. 1030/03. EXHIBIT P6 : TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER AS APPEAL NO. 17/2004. EXHIBIT P7 : TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT TRIBUNAL IN A.P. 17/2004 DATED 30.12.2004. EXHIBIT P8 : TRUE COPY OF COVER HANDED OVER TO THE AUTHORIZED AGENT OF THE PETITIONER ON 29.3.05. EXHIBIT P9 : TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER'S AUTHORIZED AGENT SHRI. K.P. NARAYANAN. RESPONDENT'S EXHIBITS: EXHIBIT R3(a) : TRUE COPY OF THE APPLICATION DATED – NIL- EXHIBIT R3(b) : TRUE COPY OF THE APPLICATION DATED -NIL- EXHIBIT R3(c) : TRUE COPY OF THE BOND DATED 17.8.2001. EXHIBIT R3(d) : TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 18.8.2001. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.11604 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Petitioner is aggrieved by Exhibits P5 and P7. Exhibit P5 is an award passed by the second respondent and Exhibit P7 is an order passed by the first respondent-Tribunal in an appeal. The main contention is that the authorized agent of the petitioner was not granted an opportunity for hearing. That apparently appears to be correct also. That apart Exhibit P7 does not reflect the consideration of the grounds taken in the appeal. 2. Therefore, Exhibit P7 is quashed. There will be a direction to the first respondent-Tribunal to dispose of Exhibit P6 appeal in accordance with law within a period of six months from the date of receipt of a copy of this judgment. Till the appeal is disposed of as above, there shall be no recovery pursuant to the impugned demand. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 11604 OF 2005 J U D G M E N T 18.07.2008