IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 10284 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------ THE SPACE CENTRE EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO.T-1388, VIKRAM SARA BHAI SPACE CENTRE, TRIVANDRUM-695 022, REP. BY THE SECRETARY-IN-CHARGE. BY ADV. SRI.S.JAMES VINCENT RESPONDENT(S): --------------------------- 1. THE UNION OF INDIA, REP. BY THE ADDL. SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF SPACE, ANTHARIKSH BHAVAN, NEW BEL ROAD, BANGALORE. 2. THE CONTROLLER, VIKRAM SARABHAI SPACE CENTRE, ISRO POST, THIRUVANANTHAPURAM-695 022. 3. THE HEAD ACCOUNTS/IFA ISRO TELEMETRY TRACKING AND COMMAND NETWORK, ISTRAC , FLAT NOS.12 AND 13, 3RD MAIN PHASE-11, PEENYA INDUSTRIAL AREA, BANGALORE-560 058. 4. THE ACCOUNTS OFFICER, PAY AND ESTABLISHMENT, ISRO, TELEMETRY TRACKING AND COMMAND NETWORK, ISTRAC, 3RD MAIN PHASE-11, PEENYA INDUSTRIAL AREA, BANGALORE-58. 5. THE HEAD PGA, VSSC, ISRO PO.,TRIVANDRUM-22. 6. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,TRIVANDRUM-1. 7. THE ARBITRATION COURT OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), THIRUVANANTHAPURAM-23. Kss ..2/- ...2.... WPC.NO.10284/2009 E 8. M.K.KOCHU NARAYANAN, HINDI OFFICER, ISRO TELEMETRY TRACKING AND COMMAND NETWORK, FLAT NO.12 AND 13,3RD MAIN 2ND PHASE, PEENYA INDUSTRIAL AREA, BANGALORE-560058. 9. C.SURENDRAN , SENIOR ASSISTANT-B, SC.NO. 26180, APT/AVN, VSSC, ISRO PO., TRIVANDRUM-22. *10. V.S.KOMALAKUMARI AMMA, W/O.ASHOK KUMAR FORMERLY HINDI OFFICER VSSC, TC.39/298, PALKULANGARA, TRIVANDRUM. ( D E L E T E D) *10TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DTD. 22/12/09 IN I.A.NO.15305/09. 11. K.VISWAMBARAN, S/O.KRISHNA PILLAI, FORMERLY CANTEEN BOY, VSSC, PLEACHER HOUSE, BAKERY JN., THIRUVANANTHAPURAM. R1 TO R5 BY ADV. SRI.S.KRISHNAMOORTHY, CGC R6 & R7 BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10284/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR LOAN OF THE 8TH RESPONDENT DTD. 16/01/1996. P1(A): COPY OF THE BOND FOR LOAN NO.1376/95-96 FOR RS.50,000/- DTD.5/2/1996 SIGNED BY RESPONDENTS 8 TO 10. P2: COPY OF APPLICATION FOR LOAN OF THE 8TH RESPONDENT DTD.16/2/1996. P2&P2(A):COPY OF THE BOND FOR LOAN NO.HBL NO.1290 DTD. 16/2/1996 FOR RS.50,000/- SIGNED BY THE RESPONDENTS 8 AND 11. P3: COPY OF LETTER B1 NO.7/03-04 DTD. 11/04/2003 ADDRESSED BY THE PETITIONER TO THE 4TH RESPONDENT. P3(A): COPY OF LETTER DTD. 15/10/2003 ISSUED TO THE 8TH RESPONDENT WITH THAT OF THE A/D CARD SIGNED BY HIM. P4: COPY OF LETTER, SCS NO.B1-392/03-04 DTD. 6/11/2003 ADDRESSED BY THE PETITIONER TO THE HEAD, PERSONAL AND GENERAL ADMINISTRATION, ISTRAC, BANGALORE. P4(A): COPY OF LETTER NO.B1-419/03-04 ADDRESSED TO THE 4TH RESPONDENT, DTD. 14/11/2003 FOR RECOVERY FROM SALARY. P4(B): COPY OF REPLY FROM THE 4TH RESPONDENT BY LETTER NO.ISTRAC/ ADMN/TR. 10430/2003 DTD. 27/11/2003. P5: COPY OF LETTER NO.ISTRAC/P&GA/2008 DTD. 23/12/2008 ISSUED BY ISTRAC. P6: COPY OF THE PLAINT DTD. 12/03/2009 IN ARC 82 OF 2009 FILED BY THE 9TH RESPONDENT BEFORE THE 7TH RESPONDENT. P7: COPY OF ORDER NO.AEL/2556/2009 DTD. 20/03/2009 OF THE 7TH RESPONDENT ARBITRATION COURT ATTACHING RS.29,130/- FROM THE TERMINAL BENEFITS OF THE 8TH RESPONDENT. Kss ..2/- ..2.... WPC.NO.10284/2009 E P8: COPY OF THE PLAINT DTD. 18/03/2009 FILED BY THE PETITIONER BEFORE THE 7TH RESPONDENT FOR REALIZATION OF LOAN ARREARS. P8(A): COPY OF CHALAN RECEIPT NO.218 DTD. 17/03/2009 EVIDENCING REMITTANCE OF COURT FEE RS.1,500/-. P9: COPY OF I.A.FOR ATTACHMENT OF RS.1,05,845/- AS LOAN ARREARS FROM THE RETIREMENT BENEFITS OF THE 8TH RESPONDENT. P10: COPY OF THE AFFIDAVIT DTD. 25/03/2009 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT - REGISTRAR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.10284 of 2009 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT This writ petition was filed on 30.3.2009 by the plaintiff in A.R.C.No.1133 of 2010 on the file of the Assistant Registrar of Co- operative Societies (Arbitration), Trivandrum, for taking up Ext.P8 plaint along with Ext.P9 application for attachment and pass interim orders on the said application. The petitioner has also prayed for an interim order restraining respondents 1 to 4 from paying the sum of Rs.1,05,845/- to the 8th respondent, who is one among the defendants in the arbitration case. The writ petition was filed at a point of time when the arbitration case was not taken up and interim orders were not passed. When the writ petition came up for hearing today, learned counsel appearing for the petitioner submitted that now that the Arbitrator is in seizin of the dispute, maintaining the interim order passed by this Court and reserving liberty with the petitioner to move the Arbitrator for appropriate further interim orders on Ext.P11 application (produced along with I.A.No.10006 of 2011), the writ petition may W.P(C) NO.10284/2009/2011 -:2:- be disposed of. The learned counsel appearing for the respondents did not oppose the said request. In such circumstances leaving open the contentions of both sides, I dispose of the writ petition with a direction to the Assistant Registrar of Co-operative Societies (Arbitration), before whom A.R.C.No.1133 of 2010 is pending, to pass appropriate orders on the applications, if any, filed by the petitioner herein, for further interim orders expeditiously and in any event within one month from the date of receipt of a copy of this judgment. Until such further interim orders are passed by the Arbitrator, the interim order passed by this Court in this writ petition on 30.3.2009, which is in force even today, shall continue to operate. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.10284 of 2009 ---------------------------- JUDGMENT 30th June, 2011