Raaji vs Assistant Registrar (General) Of Cooperative Societies

Sathish Ninan, J.

ARC 453/2016 was filed against the petitioners herein by the second respondent Bank. Ex parte award was passed therein. Seeking to have the ex parte award set aside and for condoning delay, the petitioners submitted Exts.P1 and P2 applications. The applications were purported to be rejected as per Ext.P3 endorsement by the Assistant Registrar essentially stating it to be not maintainable. It is aggrieved thereby that the petitioners have approached this Court.

Heard the learned counsel for the petitioners, the learned Standing Counsel for the Bank and also the learned Senior Government Pleader.

That an application to set aside an exparte award is maintainable before the Arbitrator has been settled by this Court in various judgments including Kerala State Co-operative Consumer Federation Ltd. Ekm. v. K. Vasu and Others [2015 (3) KHC 954] and Rema Devi and Others v. Joint Registrar (General) of Co-operative Societies, Ekm. and Another [2016 (3) KHC 645]. Therefore, the refusal to consider Exts.P1 and P2 applications for the reason as expressed in Ext.P3 is illegal. The applications are liable to be considered on its merits and appropriate orders passed. It is pointed out that the proceedings in ARC are before the Junior Inspector Sale Officer-III, on delegation and are to be considered by him.

Accordingly it is ordered that Exts.P1 and P2 applications shall be forwarded by the first respondent to the concerned Officer, who shall consider the applications on its merits and pass appropriate orders thereon with due notice to the parties. To enable consideration of the same, Ext.P3 order is quashed. Let orders be passed on the applications within a period of two months from the date of receipt of a copy of this judgment.