K H ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are aggrieved with the order passed at Exhibits P6 and P7, by the Assistant Registrar (General), who is appointed as the Arbitrator under Section 69 of the Kerala Co -operative Societies Act, 1969 [for brevity "KCS Act"].

(2.) ADMITTEDLY each of the petitioners were borrowers from the 5th respondent -Bank. Default in the loans is also admitted. The claim raised before this Court is only with respect to the interest liability of the petitioners. The petitioners contend that the same is excessive.

(3.) IN any event, there were awards, as evidenced at Exhibit P1 and P2 as early as on 23.05.2012. The petitioners do not have a case that they were not issued with notice by the Arbitrator; nor do the petitioners have a case that they were not served with a copy of the award under Rule 68 of the KCS Rules. The 1st petitioner admits in Exhibit P3 that he had initially appeared and submitted objections and then absented himself. Exhibit P4 application filed by the 2nd petitioner does not disclose any reasons for the non -appearance before the Arbitrator.