IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 30592 of 2009(T) -------------------------- PETITIONER(S): --------------- KADUTHURUTHY URBAN CO-OP.BANK LTD., NO.K.399, HEAD OFFICE, KADUTHURUTHY, KADUTHURUTHY.P.O, KOTTAYAM, REPRESENTED BY ITS CHAIRMAN, U.P.CHACKAPPAN, AGED 61, S/O.LATE PAILY. BY ADV. MR.VARGHESE C.KURIAKOSE RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), VAIKOM, KOTTAYAM. 4. RAJU.M.C, AGED 46, S/O.LATE JAMES, BRANCH MANAGER, KADUTHURUTHY URBAN CO-OP.BANK LTD.NO.K.399, KADUTHURUTHY MAIN BRANCH, KADUTHURUTHY, KOTTAYAM DISTRICT. 5. K.V.CICILY, AGED BRANCH MANAGER, KADUTHURUTHY URBAN CO-OP.BANK LTD, KOTHANALLUR BRANCH, KOTHANALLUR, KOTTAYAM. 6. JANCY JOSEPH, AGED INTERNAL AUDITOR, KADUTHURUTHY URBAN CO-OP.BANK LTD., K.NO.399, KADUTHURUTHY. 7. THE CO-OP.ARBITRATION COURT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEDER MR. K.C.SANTHOSH KUMAR ADVS. SMT. A SREEKALA MR. P.N.MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 30592 of 2009 ................................................. Dated this the 30th day of October, 2009 J U D G M E N T The petitioner herein is a Co-operative bank registered under the Kerala Co-operative Societies Act. Their grievance in this writ petition is that they are unable to make appointment to the post of General Manager of the bank in view of an interim order passed in ARC No. 94 of 2009, by the Co-operative Arbitration Court. Petitioner submits that after having issued the interim order, the 7th respondent Co-operative Arbitration Court is not taking steps to dispose of the ARC, despite filing an application for early disposal of the ARC. The petitioner has another grievance that in respect of appointment of Assistant Secretary and Internal Auditor, another ARC namely ARC No. 62 of 2008 is also pending before the 7th respondent Co-operative Arbitration Court. In view of the fact that the bank cannot properly function without a regularly appointed General Manager, which is not possible in view of the interim order passed, the petitioner seeks a direction to the 7th respondent to consider and pass orders on ARC Nos. 62 of 2008 and 94 of 2009 expeditiously. 2. I have heard all the parties. W.P(C) No. 30592 of 2009 -2- 3. I note that in W.P(C) No. 28532 of 2009, I have permitted the petitioner society to give charge of the post of General Manager to the senior most Branch Manager having qualification prescribed under the Co-operative Societies Rules. In view of the difficulties pointed out by the counsel for the petitioner, I am of opinion that the 7th respondent should give some precedence for disposal of the above two ARCs. 3. Accordingly, I direct the 7th respondent to consider and pass orders on ARC Nos. 62 of 2008 and 94 of 2009, pending before him, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs