IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 31862 of 2011(G) ------------------------- PETITIONER(S): ------------------------ 1. VIPIN DAS K.V, AGED 33 YEARS, S/O.K.VIJAYAN, LIFT OPERATOR, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, DISTRICT CO-OPERATIVE BANK BUILDING, KOTTAYAM 686 001. 2. GEETHA A, AGED 42 YEARS, W/O.MURALEEDHARAN, PEON/WATCHMAN, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KURUPPANTHARA BRANCH, KURUPPANTHARA, KOTTAYAM DISTRICT 3. FAISAL M.M, AGED 44 YEARS, S/O.MOHAMMED KASIM M.N, PEON/WATCHMAN, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, KANJIRAPPALLY MAIN BRANCH, KANJIRAPPALLY, KOTTAYAM DISTRICT 4. M.RAJESH, AGED 34 YEARS, S/O.MADHAVAN, BILL COLLECTOR, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., VAIKOM MAIN BRANCH, VAIKOM, KOTTAYAM DISTRICT 5. THANKAMANI S, AGED 41 YEARS, D/O.SANKUNNI, PEON/WATCHMAN, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, THALAYOLAPARAMBU BRANCH, THALAYOLAPARAMBU, KOTTAYAM DISTRICT 6. RAJESH MURALI, AGED 42 YEARS, S/O.NPM PILLAI, TELEPHONE OPERATOR, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, DISTRICT CO-OPERATIVE BANK BUILDING, KOTTAYAM 686 001 BY ADVS. SRI. ASHOK B. SHENOY SMT.LAKSHMI B.SHENOY ..2/- WP(C).No. 31862 of 2011(G) -2- RESPONDENT(S): --------------- 1. THE PRESIDING OFFICER, CO-OPERATIVE ARBITRATION COURT, VANCHIPOOR FUND ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM 695 023 2. JOSEPH MATHEW, S/O.JOSEPH, MANIKOMBIL, KANJIRAPPILLY P.O 686 507, KOTTAYAM DISTRICT 3. PRESANAN N.V, S/O.VELAYUDHAN, NAIKARI HOUSE, ARPOOKKARA,VILLOONNI P.O 686 008, KOTTAYAM DISTRICT 4. M.M.SURENDRAN, S/O.MADHAVAN, MANKKACHIRAYIL,VADAYAR P.O 686 605 KOTTAYAM DISTRICT 5. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD; REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, DISTRICT CO-OPERATIVE BANK BUILDING KOTTAYAM 686 001 6. THE BOARD OF DIRECTORS REPRESENTED BY THE PRESIDENT, KOTTAYAM DISTRICT COOPERATIVE BANK LTD., HEAD OFFICE, DISTRICT COOPERATIVE BANK BUILDING, KOTTAYAM -686 001. R1 BY GOVT. PLEADER SRI. G. GOPAKUMAR R2 TO R4 BY ADV. SRI.K.REGHU KOTTAPPURAM R5 & R6 BY ADVS. SRI. T.A. SHAJI, SC SMT.P.K.RADHIKA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...3/- WP(C).No. 31862 of 2011(G) APPENDIX PETITIONERS' EXHIBITS : EXT.P1TRUE COPY OF THE JUDGMENT DATED 05.04.2011 IN WRIT PETITION (CIVIL) NO.2879/2011 OF THE HON'BLE HIGH COURT OF KERALA EXT.P2TRUE COPY OF PLAINT FILED BY RESPONDENTS NOS.2 TO 4 IN ARC NO.26/2011 BEFORE THE 1ST RESPONDENT. EXT.P3TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY RESPONDENTS NOS.2 TO 4 AS I.A. NO.27/2011 IN ARC NO.26/2011 BEFORE THE 1ST RESPONDENT. EXT.P4TRUE COPY OF WRITTEN STATEMENT DATED 6.7.2011 FILED BY PETITIONERS BEFORE THE 1ST RESPONDENT IN ARC NO.26/2011 EXT.P5TRUE COPY OF THE COUNTER AFFIDAVIT DATED 6.7.2011 FILED BY PETITIONERS BEFORE THE 1ST RESPONDENT IN ARC NO.26/2011 EXT.P6TRUE COPY OF THE ORDER DATED 16.5.2011 PASSED BY THE 1ST RESPONDENT IN I.A. NO.27/2011 IN ARC NO.26/2011 RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 31862 of 2011 ----------------------------------------------- Dated this the 8th day of December, 2011 JUDGMENT The petitioners herein who are respondents 3 to 8 in A.R.C. No.26 of 2011 on the file of the Co-operative Arbitration Court, Thiruvananthapurm have filed this writ petition challenging Ext.P6 interim order passed therein. Respondents 2, 3, and 4 herein are the plaintiffs and respondents 5 and 6 herein are defendants 1 and 2 respectively therein. 2. Ext.P6 interim order was passed on 16.5.2011. Nearly 6 months have passed thereafter. That apart it is not in dispute that the A.R.C. No.26 of 2011 stands posted before the Arbitration Court on 14.12.2011. In such circumstances, I am of the opinion that proper course would be to direct the Co- operative Arbitration Court to hear the parties and dispose of A.R.C. No. 26 of 2011 expeditiously and in any event within an outer limit of three months from today. I accordingly dispose of the writ petition with a direction to the Co-operative Arbitration Court, Thiruvananthapuram to dispose of A.R.C. No. 26 of 2011 after hearing the parties, WP(C)No. 31862 of 2011 -2- expeditiously and in any event within three months from today. Until such time, the bank shall not promote either of the parties to the Arbitration Case to the higher post of Clerk cum Cashier. Sd/- P.N.RAVINDRAN, JUDGE. Rkc // true copy// PA to Judge