NAZARUDEEN Vs. DECENT JUNCTION SERVICE CO-OP BANK

JUDGEMENT

(1.) ARC Nos. 1983/2013 and 1984/2013 were filed against the petitioners in W.P.(C) Nos. 19777/2014 and 19764/2014 respectively, by the respondent Bank, for recovery of amounts due under credit facilities. An exparte award was passed in the ARCs on the very date fixed for appearance and in spite of the appearance of the petitioners-defendants.

(2.) Alleging failure by the Arbitrator to grant opportunity to file written statement, adduce evidence and an opportunity of hearing, the petitioners approached the Co-operative Tribunal in Revision Petition Nos. 7/2014 and 8/2014 respectively. As per Ext.P3 order in the respective writ petitions, the revision petitions were dismissed. It is aggrieved thereby that these writ petitions have been filed.

(3.) Heard the learned counsel for the petitioners and learned standing counsel for the Bank. Summons was issued in the ARCs to the petitioners herein for appearance on 28/6/2013. They appeared before the Arbitrator on the said date. The petitioners claimed that they were not served with copy of the plaint or documents. They sought copies of the same and also opportunity to file written statement and contest the proceedings. However, an exparte award was passed on the very date.