IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 19190 of 2006(H) ------------------------------------- PETITIONER: -------------------- 1. U.P. NABEESUMMU, D/O. KAMMUKUTTY, ULIYATH PETTAYIL HOUSE, 320/9, EZHUVATHIRUTHI, PONNANI, MALAPPURAM DISTRICT. 2. BAVUNNI, S/O. MOHAMMED, DO. 3. K.B. KHOULATH, W/O. MOHAMMED, DO. 4. U.P. SUHARA, D/O. BAVUNNI, DO. DO. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ----------------------- 1. THE SECRETARY, PONNAI SERVICE CO-OPERATIVE BANK, KUTTIKKADU, P.O. PONNANI, MALAPPURAM DISTRICT. 2. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.19190 OF 2006 --------------------------------------- Dated this the 22nd day of August, 2008. J U D G M E N T Petitioners are aggrieved by Exhibit P3 order passed by the Kerala Co-operative Tribunal. It is seen that the order is passed on the only ground of delay. It is now settled law that the case has to be considered on merits and not on the technical ground of delay, and in case there is sufficient reason for the delay, the delay has to be condoned and the matter will have to be considered on merits. 2. Accordingly, Exhibit P3 order is quashed and the matter is remitted to the Co-operative Tribunal for passing fresh orders, with notice to the petitioners and first respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 19190 OF 2006 J U D G M E N T 22.08.2008