SHINTU RAKESH Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Twelve writ petitions espousing similar cause, with similar reliefs were dismissed with cost by a common judgment dtd. 16/8/2023, which is under challenge in the afore captioned Writ Appeals.

(2.) The appellants herein (petitioners in the Writ Petitions) are relatives, who availed credit facility from the 2nd respondent/Service Co-operative Bank. Upon committing default, the Society took recourse to Sec. 69 of the Kerala Co-operative Societies Act, 1969 ('the Act' for short). In the Arbitration proceedings, the appellants were set ex-parte and Awards were passed. The subject writ petitions were filed, when execution proceedings were initiated, essentially on the following grounds:

(3.) The learned Single Judge found that the proceedings cannot be held to be vitiated for reason of the Award being communicated by the 2nd respondent/Society, instead of the Arbitrator. Interpreting the provision, it was held that Rule 68 is only directory, and not mandatory. The learned Single Judge also found that the facts at hand is fully justified by the doctrine of substantial compliance. The learned Single Judge went on to hold that the petitioners were fully aware of the proceedings and that the averments in the writ petitions to the contrary were false; intended to mislead the court and accordingly, writ petitions were dismissed with a cost of Rs.25,000.00 each.