IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 30083 of 2006(F) -------------------------------------- PETITIONERS: --------------------- 1. MADHU, S/O.CHANDRAN, AGED 29 YEARS, CHERAMPARAMBIL HOUSE, MANAVALASSERRY VILLAGE, WEST KOMBARA, MUKUNDAPURAM, (M.NO.A11359). 2. ARUNA, W/O.CHANDRAN, AGED 57 YEARS, DO. DO. (M.NO.A4139). 3. SMITHA, D/O.CHANDRAN, AGED 33 YEARS, DO. DO. (M.NO.A11552). 4. BINDU, D/O.CHANDRAN, AGED 36 YEARS, DO. DO. (M.NO.A11351). BY ADV. SRI.RENJITH THAMPAN, ADV. SMT.P.A.ANITHA. RESPONDENTS: ------------------------ 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM, IRINJALAKUDA, (ARBITRATOR UNDER THE CO-OPERATIVE SOCIETIES ACT). 2. ARBITRATOR CUM SALE OFFICER, IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD., P.O.IRINJALAKUDA. W.P.(C). NO.30083/2006-F: 3. IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD., REPRESENTED BY SECRETARY, PO. IRINJALAKUDA. BY GOVT. PLEADER SMT. M.K. PUSHPALATHA, ADV. SRI.N.P.SAMUEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30083/2006-F: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PLAINT DTD. 01/08/05 FILED BY THE R.3. BEFORE THE R.1. EXT.P.2: COPY OF THE PETITION AND AFFIDAVIT FILED BY THE PETITIONER IN ARCM. NO. 5053/05. EXT.P.2.A: COPY OF THE PETITION AND AFFIDAVIT FILED BY THE PETITIONER IN ARCM.NO. 5054/05. EXT.P.2.B: COPY OF THE PETITION AND AFFIDAVIT FILED BY THE PETITIONER IN ARCM.NO.5055/05. EXT.P.2.C: COPY OF THE PETITION AND AFFIDAVIT FILED BY THE PETITIONER IN ARCM.NO. 5057/05. EXT.P.3: COPY OF THE OBJECTION FILED BY R.3. IN ARCM.NO. 5053/05. EXT.P.3.A: COPY OF THE OBJECTION FILED BY R.3. IN ARCM. NO. 5054/05. EXT.P.3.B: COPY OF THE OBJECTION FILED BY R.3. IN ARCMNO. 5055/05. EXT.P.3.C: COPY OF THE OBJECTION FILED BY R.3. IN ARCM.NO. 5057/05. EXT.P.4: COPY OF THE ORDER IN ARC M. 5053/05 DTD. 27/09/06. EXT.P.4.A: COPY OF THE ORDER IN ARC.M. 5054/05. DTD. 27/09/06. EXT.P.4.B: COPY OF THE ORDER IN ARC M. 5055/05 DTD. 27/09/06. EXT.P.4.C: COPY OF THE ORDER IN ARC M.5057/05 DTD. 27/09/06. EXT.P.5: COPY OF THE NOTICE ISSUED BY THE R.1. DTD. 30/11/05. W.P.(C). NO.30083/2006-F: RESPONDENT'S EXHIBITS: EXT. R3.A: COPY OF THE AWARD NO. 5053/05 PASSED BY ARBITRATOR-CUM-SALE OFFICER AGAINST P.1. DTD. 21/10/2005. EXT.R3.B: COPY OF THE AWARD NO. 5054/05 PASSED BY ARBITRATOR-CUM-SALE OFFICER AGAINST THE P.2. DTD. 21/10/05. EXT.R3.C: COPY OF THE AWARD NO. 5057/05 PASSED BY ARBITRATOR-CUM-SALE OFFICER AGAINST THE P.3. DTD. 21/10/05. EXT.R3.D: COPY OF THE AWARD NO. 5055/05 PASSED BY ARBITRATOR-CUM-SALE OFFICER AGAINST THE P.4. DTD. 21/10/05. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.30083 of 2006-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of January, 2008. JUDGMENT 1.The petitioners were defendants in certain arbitration cases under the Kerala Co-operative Societies Act. They were set ex parte for non appearance during the course of enquiry and ex parte awards were passed against them. 2.The applications of the petitioners to set aside the ex parte awards were dismissed by the authority taking the view that there is no provision to set aside the ex parte awards. That view does not appear to be correct particularly in view of the law laid by this Court in Paul v. Asst. Registrar [(1998) 2 KLT 449]. WP(C)30083/06 -: 2 :- 3.But then, the petitioners have not demonstrated any case before this Court regarding the merits, at least, as regards the principal amounts involved. The liability is not denied by the defendants. It is also to be noted that they have not filed any written statement promptly disputing the principal amounts. 4.Under the aforesaid circumstances, this writ petition is disposed of directing that if the petitioners deposit the entire principal amounts due under the transaction in question covered by the impugned awards within an outer limit of one month from now with the third respondent, the impugned awards will stand set aside and the arbitration proceedings restored. In such event, the petitioners shall complete their pleadings before the competent authority. Final adjudication shall be concluded by the appropriate authority within an outer limit of four months therefrom. If the deposit as WP(C)30083/06 -: 3 :- aforesaid is not made, the impugned awards will stand. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/