IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29530 of 2008(M) -------------------------------------- PETITIONER(S): ------------------------ KANAYANKAL SEBASTIAN, S/O.PHILIP, AGED 43 YEARS, KARTHIKAPURAM P.O., ALAKODE VIA, ALAKODE AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S): --------------------------- (1) THE SECRETARY, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OPERATIVE SOCIETY LIMITED, IRITTY P.O., KANNUR. (2) THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIEITIES DEPARTMENT, CIVIL STATION, KANNUR. (3) K.A.JOSE, S/O.AUGUSTY, KUNNAMKULANGARA HOUSE, PURAVAYAL, ULIKKAL P.O., KANNUR. (4) THE STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO.29530 OF 2008 (M) ------------------------------------------------------------------------ Dated this the 6th day of October, 2008 J U D G M E N T Having regard to the orders being issued hereunder, notice to the respondents is dispensed with, preserving their right to move for review of this judgment, if aggrieved. The first respondent co-operative society has filed an arbitration case against the petitioner under Section 69 of the Kerala Co-operative Societies Act. According to the petitioner, that suit is unsustainable and not maintainable in the light of the finality attained by the disposal of O.S.No.52/2007, which has the effect of the abandonment in terms of Order 23 Rule 1(4) of the Civil Procedure Code. It is also contended that apart from that, the plea of limitation, Order IX Rule 9 of the Civil Procedure Code also applies. The bar of jurisdiction; the question whether the arbitration proceedings is maintainable; whether it is barred by limitation; whether it is barred under Order IX Rule 9 or under Order 23 Rule 1(4) of the Civil W.P.(C) No.29530/2008 - 2 - Procedure Code and the effect of the disposal of O.S.No.52/2007 without granting leave to preserve the cause of action; are matters, which the petitioner can place before the Arbitrator. It is stated that an application for attachment is also pending for consideration in arbitration. It is directed that any objection regarding attachment will be considered by the Arbitrator as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment and a copy of this writ petition. It is also clarified that this judgment does not touch on the merits of the case. The properties of the petitioner shall not be brought under attachment and the petitioner shall not dispose of his assets for a period of one month. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/7/10