RUBY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner suffered an award in proceedings under Sec. 69 of the Kerala Co-operative Societies Act, 1969. The petitioner filed Ext.P3 application seeking certified copies of the documents and the award pleading that the petitioner was not aware of the proceedings and that she/her late husband was not liable for any amount to the 4th respondent society. The petitioner has also filed Ext.P4 application before the society for copies of the loan documents etc. The petitioner has filed Ext.P5 application before the 2nd respondent with copy to the 3rd respondent seeking a setting aside of the ex-parte award. The learned counsel for the petitioner submits with reference to Ext.P8 judgment of this court that the Arbitrator has the power to set aside the ex-parte award, on sufficient cause being shown and, therefore this writ petition may be disposed of directing the Arbitrator to consider and pass orders on Ext.P5 after affording an opportunity of hearing to the petitioner.

(2.) Having heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents 1 and 2. I am of the view that this writ petition can be disposed of without notice to respondents 3 to 5.

(3.) This writ petition will stand disposed of directing the 3rd respondent to consider and pass orders on Exts.P3 and P5 applications after affording an opportunity of hearing to the petitioner or her authorised representative and also any other party including the 4th respondent society within a period of one month from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Exs.P3 and P5 further proceedings for execution of any award in ARC 675/2020 shall be kept in abeyance. The 4th respondent shall also consider the application made by the petitioner for grant of copies of the loan documents, within two weeks from the date of receipt of a certified copy of this judgment.