IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 28871 of 2011(H) ----------------------------------------- PETITIONER(S): -------------------------- THE KADUTHURUTHY REGIONAL SERVICE CO-OPERATIVE BANK LTD.4061,KADUTHURUTHY, KOTTAYAM DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR RESPONDENT(S): ----------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001. 2. THE ASSISTANT REGISTRAR OF CO-OPRATIVE SOCIETIES/ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,VAIKOM, KOTTAYAM DISTRICT 686 141. 3. THE PRATHEEKSHA SWASRAYA SOCIETY REGISTERED NO.20077,REPRESENTED BY ITS SECRETARY, K.S.PURAM, KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. 4. P.V.JOSEPH,S/O.VARGHESE, PULIKEEYIL VEETTIL,K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. 5. JOSEPH,S/O.KURIAN,ANITHANAM VEETTIL, K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. Kss ..2/- ..2.... WPC.NO.28871/2011 H 6. K.T.THOMAS, S/O.THOMMAN, KANJIRAMTHOTTIYIL VEETTIL, K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. 7. JAYANAMMA,W/O.THOMAS, PULIKEEYIL VEETIL, K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. 8. P.V.THOMAS,S/O.VRKEY,PULIKEEYIL VEETIL, K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. 9. MARY,W/O.THOMAS,KANJIRAMTHOTTIYIL VEETIL, K.S.PURAM,KADUTHURUTHY PO, VAIKOM, KOTTAYAM DISTRICT 686 604. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28871/2011 H APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE PLAINT IN ARC NO.6173/2005 DATED 30/6/2005. EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT 4 TO 9 IN ARC NO.6173 OF 2005 DATED 11/8/2010. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28871 of 2011 ----------------------------------------- Dated this the 1st day of December, 2011 JUDGMENT The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act. The third respondent, yet another co-operative society registered under the Kerala Co- operative Societies and a member of the petitioner society, availed cash credit facility from the petitioner society. Respondents 4 to 9 are office bearers of the third respondent society. When the amount due was not cleared the petitioner society filed ARC No.6173 of 2005 before the Assistant Registrar of Co-operative Societies (General), Vaikom seeking to recover the sum of Rs.15,28,660/- with future interest and costs. This writ petition is filed contending that though more than six years have passed even after the arbitration case was filed, till date it has not been disposed of though the defendants in the arbitration case have entered appearance and filed a written statement, a copy of which is produced as Ext.P2. In this writ petition the petitioner seeks a direction to the second respondent to dispose of ARC No.6173 of 2005 within a time limit to be fixed by this Court. W.P(C).No.28871 of 2011 -:2:- 2. When this writ petition came up for hearing on 31.10.2011 this Court directed the learned Government Pleader to get instructions. When the writ petition was came up for further hearing today, Sri.P.I.Davis, learned Senior Government Pleader appearing for respondents 1 and 2, submitted on instructions that the Assistant Registrar of Co-operative Societies (General), Vaikom, was transferred out but he did not return the files relating to ARC No.6173 of 2005, that a new incumbent has taken charge, that he has called for the files from the former Assistant Registrar of Co-operative Societies and that the Assistant Registrar of Co- operative Societies (General) Vaikom, the Arbitrator appointed by the Registrar of Co-operative Societies, will dispose of ARC No.6173 of 2005 expeditiously and in any event before 31.3.2012. In such circumstances I dispose of the writ petition with a direction to the second respondent to dispose of ARC No.6173 of 2005 expeditiously and in any event before 31.3.2012. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28871 of 2011 ---------------------------- JUDGMENT 1st December, 2011