High Court of KeralaSingle Judge2024-04-09Writ petitions allowed; impugned orders set asi...

WP(C) Nos. 14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024

Case / Petition Number:WP(C) Nos. 14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2024-04-09
Court Decision / Holding: Writ petitions allowed; impugned orders set aside; statutory Arbitrators directed to re-consider the applications for setting aside ex parte awards and to pass fresh orders expeditiously, within two months from receipt of a copy of this judgment; merits left open and not adjudicated herein.
Final Disposition: Writ petitions allowed; impugned orders set aside; remand to re-consider setting-aside applications; fresh orders to be issued within two months; merits to be decided later.

Parties to the Case

Appellants / Petitioners

Dalia Beegom K A
Fathema Kunju
Nazar K
Anil Kumar S
Nissa Nazar

Respondents

The Joint Registrar (General) Office of the Joint Registrar (General), Co-operative Societies, Thiruvalla P.O., Pathanamthitta
The Assistant Registrar (General) Co-operative Societies, 4th Floor, Revenue Tower, Thiruvalla, Pathanamthitta
The Assistant Registrar (General) Co-operative Societies, Changanacherry, Kottayam
The Arbitration and Execution Inspector-I, Office of the Assistant Registrar (General), Co-operative Societies, Changanacherry
The Special Sale Officer Kaviyoor Service Co-operative Bank Ltd. No. A. 707, Kaviyoor, Office of the Assistant Registrar of Co-operative Societies (General), 4th Floor, Revenue Tower, Thiruvalla, Pathanamthitta
Kaviyoor Service Co-operative Bank Ltd. No. A 707, represented by its Secretary, Kaviyoor P.O., Thiruvalla, Pathanamthitta

Legal Representation & Advocates

Counsels for Petitioners

• S. Jayakrishnan
• S. Parameswara Prasad

Counsels for Respondents

• Smt. Mable C. Kurian, Sr.GP

Case Synopsis & Summary

The writ petitions, heard together, challenge ex parte awards issued by a statutory Arbitrator under the Kerala Co-operative Societies Act, 1969. The petitioners seek to set aside these ex parte decrees, arguing that the Arbitrator had no power to consider setting aside the awards or to review his own orders, and citing Ramadevi v. Joint Registrar (General) and Others to support the proposition. The respondents counter that even in the absence of explicit statutory provision, tribunals possess inherent power to entertain applications to set aside awards on merits, relying on Kerala State Co-operative Consumer Federation Ltd v. K. Vasu and Joseph A.R. v. Cooperative Arbitration Court, Kozhikode. The High Court agrees that the settled law supports a tribunal’s ability to entertain such applications, and that the lack of express provisions does not foreclose redress where substantial justice demands it. With the parties’ consent, the court sets aside the impugned orders and directs the statutory Arbitrators to re-consider the applications for setting aside ex parte awards, guided by the cited precedents and the materials before them, and to pass fresh orders expeditiously, not later than two months from the copy of this judgment. Merits are left open, and the writ petitions are allowed to some extent to facilitate proper reconsideration.

Provisions of Law Cited

Kerala Co-operative Societies Act, 1969 - Section 69Kerala Co-operative Societies Act, 1969 - Section 70Code of Civil Procedure, 1908

Legal Doctrines & Maxims

Inherent powers of tribunals/arbitral authorities to entertain and decide applications to set aside ex parte awards even in the absence of explicit statutory provision
Reliance on established precedents to recognize the power to review/reconsider awards in appropriate cases (Ramadevi v. Joint Registrar; Kerala State Co-operative Consumer Federation Ltd v. K. Vasu; Joseph A.R. v. Cooperative Arbitration Court, Kozhikode)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that ex parte decrees obtained against them are subject to relief under the Code of Civil Procedure, and that absence of express statutory power in the Kerala Co-operative Societies Act to set aside such awards cannot bar a court from exercising inherent power to ensure justice. They assert that the impugned orders wrongly deny a remedy to set aside ex parte awards and rely on Ramadevi v. Joint Registrar (General) and Others for declarations in similar contexts. They seek setting aside and remand for fresh consideration in light of precedents and material before the Arbitrator, arguing that the matter warrants merits-based reconsideration rather than final dismissal. They request prompt action given the time-sensitive nature of underlying transactions and urge expeditious fresh orders while preserving all rights to respond.

Contentions of Respondents

The respondents contend that the statutory Arbitrator lacks express power to review or set aside his own ex parte awards; however, they rely on settled jurisprudence that tribunals possess inherent power to entertain such applications on merits. They cite Kerala State Co-operative Consumer Federation Ltd v. K. Vasu and Joseph A.R. v. Co-operative Arbitration Court, Kozhikode, to justify non-statutory review powers within proper limits. They argue the petitions undermine statutory schemes and seek to circumvent established procedures, urging the court to uphold the impugned orders or remand for determination within the statutory framework, ensuring due process and finality of awards. They caution against extending powers beyond what the statute provides and emphasize preserving the integrity of cooperative arbitration.”},

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Ramadevi & Others v. Joint Registrar (General) and Others	—	Mentioned Only	Cited as a precedent referenced for declarations but not expressly adopted or distinguished within the given excerpt.
Kerala State Co-operative Consumer Federation Ltd, Ernakulam v. K. Vasu and Others	2015 V (3) KLT 636	Positive	Court treats this precedentially to support the view that inherent powers exist to hear such applications.
Joseph.A.R and others v. Co-oprative Arbitration Court, Kozhikode and others	2013 KHC 776	Positive	Court relies on this decision to affirm the inherent power to entertain setting-aside applications.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ## `THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ## `WP(C) NO. 14132 OF 2024` ## `PETITIONER:` ``` DALIA BEEGOM K A AGED 48 YEARS W/O. MOHAMMED SHAFEEH, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537 BY ADVS. ``` - `S.JAYAKRISHNAN` - `S.PARAMESWARA PRASAD` ## `RESPONDENTS:` - `1 THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THIRUVALLA P O, PATHANAMTHITTA., PIN - 689645` - `2 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN – 689101.` - `3 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN – 686101.` - `4 THE ARBITRATION AND EXECUTION INSPECTOR-I OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN – 686101.` - `5 THE SPECIAL SALE OFFICER KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A. 707, KAVIYOOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN – 689101.` - `6 KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707, REPRESENTED BY ITS SECRETARY, KAVIYOOR PO., THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN - 686564` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` **==> picture [8 x 9] intentionally omitted <==** ## `SMT. MABLE C.KURIAN, SR.GP` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).14269/2024, 14323/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ``` 14354/2024] ``` ``` 3 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ## `WP(C) NO. 14269 OF 2024` ## `PETITIONERS:` - `1 FATHEMA KUNJU AGED 75 YEARS W/O. ALIKUNJU, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537` - `2 DALIA BEEGOM K A AGED 48 YEARS W/O MOHAMMED SHAFEEH, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537 BY ADVS. S.JAYAKRISHNAN S.PARAMESWARA PRASAD` ## `RESPONDENTS:` - `1 THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THIRUVALLA P O, PATHANAMTHITTA., PIN - 689645` - `2 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN - 689101` - `3 THE ASSISTANT REGISTRAR (GENERAL CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR GENERRAL, CHANGANACHERRY. KOTTAYAM , PIN - 686101` - `4 THE ARBITRATION AND EXECUTION INSPECTOR-I, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHANGANACHERRY., PIN – 686101.` - `5 THE SPECIAL SALE OFFICER KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A. 707, KAVIYOOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), 4TH FLOOR, REVENUE TOWER,` ``` 4 ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ``` 14354/2024] ``` ``` THIRUVALLA. PATHANAMTHITTA, PIN - 689101 ``` ``` 6KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707 REPRESENTED BY ITS SECRETARY, KAVIYOOR PO., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN – 686564. ``` ``` SMT. MABLE C.KURIAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).14132/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ``` 14354/2024] ``` ``` 5 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ## `WP(C) NO. 14323 OF 2024` ## `PETITIONERS:` - `1 NAZAR K AGED 54 YEARS S/O.SULAIMAN RAWTHER, RESIDING AT THEKKEVETTIL, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686537` - `2 DALIA BEEGOM K A AGED 48 YEARS W/O. MOHAMMED SHAFEEH, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN – 686537. BY ADVS. S.JAYAKRISHNAN S.PARAMESWARA PRASAD` ## `RESPONDENTS:` - `1 THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THIRUVALLA. PATHANAMTHITTA., PIN - 689645` - `2 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN - 689101` - `3 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM DISTRICT, PIN - 686101` - `4 THE ARBITRATION AND EXECUTION INSPECTOR-I OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM DISTRICT, PIN - 686101` - `5 THE SPECIAL SALE OFFICER KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A. 707, KAVIYOOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` ``` 6 ``` ``` OPERATIVE SOCIETIES (GENERAL), 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN - 689101 6KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707 REPRESENTED BY ITS SECRETARY, KAVIYOOR PO., THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN – 689564. ``` ``` SMT. MABLE C.KURIAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).14132/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ``` 14354/2024] ``` ``` 7 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ## `WP(C) NO. 14349 OF 2024` ## `PETITIONERS:` - `1 ANIL KUMAR.S AGED 46 YEARS S/O. P.K. SIVASANKARA PILLAI, RESIDING AT CHOTHIKIZHAKKETHIL HOUSE, PODIYADI PO., THIRUVALLA, NEDUMPURAM, PATHANAMTHITTA DISTRICT., PIN - 689110` - `2 DALIA BEEGOM K A AGED 48 YEARS W/O. MOHAMMED SHAFEEH, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537 BY ADVS. S.JAYAKRISHNAN S.PARAMESWARA PRASAD` ## `RESPONDENTS:` - `1 THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THIRUVALLA P O PATHANAMTHITTA, PIN - 689645` - `2 THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT RGSTRAR CO-OPERATIVE SOCIETIES, 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN - 689101` - `3 THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN - 686101` - `4 THE ARBITRATION AND EXECUTION INSPECTOR-I, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN - 686101` - `5 THE SPECIAL SALE OFFICER KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A. 707,` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` ``` 8 ``` ``` KAVIYOOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL), 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN - 689101 6KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707 REPRESENTED BY ITS SECRETARY, KAVIYOOR PO., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN – 686564. ``` ``` SMT. MABLE C.KURIAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).14132/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ``` 14354/2024] ``` ``` 9 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ## `WP(C) NO. 14354 OF 2024` ## `PETITIONERS:` - `1 NISSA NAZAR AGED 48 YEARS S/O. NAZAR K.S., RESIDING AT THEKKEVETTIL, PAIPPAD PO, CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537` - `2 DALIA BEEGOM K A AGED 48 YEARS W/O. MOHAMMED SHAFEEH, RESIDING AT THOPPIL HOUSE, PAIPPAD PO., CHANGANACHERRY, KOTTAYAM DISTRICT., PIN - 686537 BY ADVS. S.JAYAKRISHNAN S.PARAMESWARA PRASAD` ## `RESPONDENTS:` - `1 THE JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, THIRUVALLA P O, PATHANAMTHITTA., PIN – 689645.` - `2 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, 4TH FLOOR, REVENUE TOWER, THIRUVALLA. PATHANAMTHITTA, PIN – 689101.` - `3 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN – 686101.` - `4 THE ARBITRATION AND EXECUTION INSPECTOR-I OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHANGANACHERRY. KOTTAYAM, PIN – 686101.` - `5 THE SPECIAL SALE OFFICER KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. A. 707, KAVIYOOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), 4TH FLOOR, REVENUE TOWER,` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` ``` 10 ``` ``` THIRUVALLA. PATHANAMTHITTA, PIN - 689101 6KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707, REPRESENTED BY ITS SECRETARY, KAVIYOOR PO, THIRUVALLA, PATHANAMTHITTA DISTRICT., PIN – 686564. ``` ``` SMT. MABLE C.KURIAN, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).14132/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` ## `11` ## `JUDGMENT` ``` The controversies in these cases which are being disposed of together adverting to the analogous circumstances pleaded and similarities of the reliefs sought – has its genesis in ``` ``` Awards, that have been issued by the competent ``` ``` statutory Arbitrator, however, ex-parte. ``` ``` 2. The petitioners say that they have applied for having the ex-parte decrees set aside through appropriate applications, filed under the ``` ``` provisions of the Code of Civil Procedure; but that they have been rejected through the impugned orders saying that there is no statutory power ``` ``` for the Arbitrator to consider the same or to ``` ``` allow it. They assert that this is contrary to ``` ``` the declarations of this Court in the judgment in ``` ``` Ramadevi & Others v. Joint Registrar (General) and Others. ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024]` ## `12` ``` 3. The learned Senior Government Pleader – Smt.Mable C.Kurian, however, submitted that even though the statutory Arbitrator may have no power to review his own orders, it has now been well settled, through judicial pronouncements, that even in the absence of specific provisions in the Act, enabling the Arbitrator to set aside an award, he is vested with inherent power to maintain such an application to consider the same on its merits. She, therefore, left to this Court to issue appropriate orders. ``` ``` 4. I have no doubt that the law settled is as stated by the learned Government Pleader as afore. In fact, inKerala State Co-operative Consumer Federation Ltd, Ernakulam v. K. Vasu and Others (2015 V (3) KLT 636)and in Joseph.A.R and others v. Co-oprative Arbitration ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024]` ``` 13 ``` ``` Court, Kozhikode and others (2013 KHC 776), apart fromRamadevi (supra), this Court has already has declared in law to such effect, without any reason for further doubt. ``` ``` 5. When I examine the impugned orders, it is rendered limpid that the statutory Arbitrators have proceeded on the assumption that they have no power to even consider an application, filed by the applicants for setting aside ex-parte awards, there being no specific provision in the Kerala Co-operative Societies Act or the Rules ``` ``` thereunder for such purpose. However, they do not ``` ``` appear to have examined the precedents stated afore. ``` ``` 6. In the afore circumstances, with the consent of both sides, I allow these writ ``` ``` petitions and set aside the impugned orders; with a consequential direction to the statutory ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, 14354/2024] ``` ``` 14 ``` ``` Arbitrators to re-consider the matter, adverting to the applications preferred by the petitioners and to the precedents afore cited and to be cited before him by the parties; thus culminating in appropriate fresh orders as expeditiously as is possible, but not later than two months from the date of receipt of a copy this judgment. ``` ``` Needless to say, I have not entered into the merits of any of the rival contentions of the parties and that all of them are left open. ``` ``` Sd/- ``` ## `DEVAN RAMACHANDRAN` ``` JUDGE ``` ``` SAS ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024,` ## `14354/2024]` ## `15` ## `APPENDIX OF WP(C) 14269/2024` ## `PETITIONERS’ EXHIBITS:` ``` Exhibit P1TRUE COPY OF PETITION NO. 522/2020 DATED 11.06.2020 FILED BY THE 6THRESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P2TRUE COPY OF SUMMONS DATED 07.03.2022 ISSUED UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P3TRUE COPY OF AWARD DATED 25.03.2022 PASSED BY THE 5TH RESPONDENT Exhibit P4TRUE COPY OF E.A. DEMAND NOTICE DATED 27.12.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P5TRUE COPY OF PETITION DATED 02.01.2024 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P6TRUE COPY OF ORDER NO. SSO (K) 51/2024 DATED 24.02.2024 PASSED BY THE 5TH RESPONDENT ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024,` ## `14354/2024]` ## `16` ## `APPENDIX OF WP(C) 14323/2024` ## `PETITIONERS’ EXHIBITS:` ``` Exhibit P1TRUE COPY OF PETITION NO. 525/2020 DATED 11.06.2020 FILED BY THE 6THRESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P2TRUE COPY OF SUMMONS DATED 07.03.2022 ISSUED UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P3TRUE COPY OF AWARD DATED 25.03.2022 PASSED BY THE 5TH RESPONDENT Exhibit P4TRUE COPY OF E.A. DEMAND NOTICE DATED 27.12.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P5TRUE COPY OF PETITION DATED 02.01.2024 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P6TRUE COPY OF ORDER NO. SSO (K) 51/2024 DATED 24.02.2024 PASSED BY THE 5TH RESPONDENT ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024,` ## `14354/2024]` ## `17` ## `APPENDIX OF WP(C) 14349/2024` ## `PETITIONERS’ EXHIBITS:` ``` Exhibit P1TRUE COPY OF PETITION NO. 524/2020 DATED 11.06.2020 FILED BY THE 6THRESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P2TRUE COPY OF SUMMONS DATED 07.03.2022 ISSUED UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P3TRUE COPY OF AWARD DATED 25.03.2022 PASSED BY THE 5THRESPONDENT Exhibit P4TRUE COPY OF PETITION DATED 02.01.2024 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P5TRUE COPY OF ORDER NO. SSO (K) 51/2024 DATED 24.02.2024 PASSED BY THE 5TH RESPONDENT ``` ``` [WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024, ``` ## `14354/2024]` ## `18` ## `APPENDIX OF WP(C) 14354/2024` ## `PETITIONERS’ EXHIBITS:` ``` Exhibit P1TRUE COPY OF PETITION NO. 523/2020 DATED 11.06.2020 FILED BY THE 6THRESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P2TRUE COPY OF SUMMONS DATED 07.03.2022 ISSUED UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P3TRUE COPY OF AWARD DATED 25.03.2022 PASSED BY THE 5THRESPONDENT Exhibit P4TRUE COPY OF E.A. DEMAND NOTICE DATED 27.12.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS Exhibit P5TRUE COPY OF PETITION DATED 02.01.2024 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P6TRUE COPY OF ORDER NO. SSO (K) 51/2024 DATED 24.02.2024 PASSED BY THE 5TH RESPONDENT ``` ## `[WP(C) Nos.14132/2024, 14269/2024, 14323/2024, 14349/2024,` ## `14354/2024]` ## `19` ## `APPENDIX OF WP(C) 14132/2024` ``` PETITIONER’S EXHIBITS: ``` ``` Exhibit P1TRUE COPY OF PETITION NO. 526/2020 DATED 11.06.2020 FILED BY THE 6THRESPONDENT BEFORE THE 2ND RESPONDENT UNDER SECTION 69 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 Exhibit P2TRUE COPY OF SUMMONS DATED 07.03.2022 ISSUED UNDER SECTION 70 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 5TH RESPONDENT TO THE PETITIONER ``` ``` Exhibit P3TRUE COPY OF AWARD DATED 25.03.2022 PASSED BY THE 5TH RESPONDENT Exhibit P4TRUE COPY OF E.A. DEMAND NOTICE DATED 27.12.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P5TRUE COPY OF PETITION DATED 02.01.2024 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P6TRUE COPY OF ORDER NO. SSO (K) 51/2024 DATED 24.02.2024 PASSED BY THE 5TH RESPONDENT ```