IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 27296 of 2008(Y) -------------------------- PETITIONER(S): --------------- THE KERALA STATE CO-OPERATIVE, RUBBER MARKETING FEDERATION LTD., ERNAKULAM, GANDHI NAGAR, KOCHI-20, REPRESENTED BY MANAGING DIRECTOR. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): --------------- 1. PAZHAYANNUR BLOCK MARKETING CO-OPERATIVE SOCIETY LTD., R-890, REPRESENTED BY ITS MANAGING DIRECTOR, P.O.ELANADU, THRISSUR DISTRICT. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THALAPILLY, WADAKKANCHERRY, THRISSUR DISTRICT. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 BY ADV. SRI.GEORGE POONTHOTTAM R2, R3 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.27296/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF NOTICE DATED 11.7.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE EX PARTE AWARD DT. 21.8.2008. EXT.P3: TRUE COPY OF THE PETITION DT.25.8.2008. EXT.P4: TRUE COPY OF THE PETITION DT.27.8.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27296 OF 2008 ------------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT The petitioner was the defendant in an arbitration proceedings initiated by the first respondent. It appears that the case relates to purchase and supply of rubber in the course of inter society transactions in as much as the petitioner is the federation and the first respondent is a primary block marketing society. In the fitness of things, it is appropriate that the dispute between the petitioner and the first respondent is resolved on its merits. To aid such process and on being satisfied that there was sufficient cause to set aside the ex parte award, to secure the ends of justice, Ext.P2 ex parte award and Ext.P4 are quashed and it is directed that the second respondent will take up ARC.No.68/06 on file, consider the same and dispose it off in accordance with law. This will be on condition that the parties appear before the second respondent on 16.12.2008 and the writ petitioner shall submit its written statement on or before 19.12.2008. If this is done, the second respondent will expedite WPC.27296/08 Page numbers consideration and passing of award on merits, at any rate, within a period of three months from that date. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.