THIRUMARAYOOR SERVICE CO OP BANK LTD Vs. MATHAI

JUDGEMENT

(1.) These Original Petitions are similar and raise common questions for decision. I shall state the facts in O.P. No. 7647 of 1984, the facts in the others being similar

(2.) Petitioner is a cooperative Bank registered under the Kerala Cooperative Societies Act, 1969 (for short the Act). The petitioner had advanced money to the 1st respondent. Respondents 2 to 4 had stood guarantee for payment of the amount so advanced. Since the loan was not repaid, the petitioner filed arbitration case A.R.C. No. 336 of 1981 under S.69 of the Act read with R.67 of the Rules framed thereunder, for recovery of the amount from respondents 1 to 4. After a few adjournments, the case stood posted to 11-5-1983 for respondents 1 to 4 to file their written statement. However, respondents 1 to 4 defaulted in appearing before the Arbitrator on that day. In the result, they were set ex parte and the matter was posted to 18-5-1983 of the evidence of the petitioner plaintiff. On 18-5-1983, the petitioner adduced evidence, oral and documentary. Arguments were also heard. On the very same day, an application was filed on behalf of respondents 1 to 4 praying for acceptance of the written statement, which they filed along with the application. However, that application was dismissed by the Arbitrator. The case was pasted to 24-5-1983 for pronouncing the award. The award Ext. P1 was passed on 24-5-1983 when it is said, counsel for respondents 1 to 4 was also present before the 5th respondent Arbitrator.

(3.) Though it was alleged by the petitioner that a copy of the award had been sent to respondents 1 to 4 and that it was received by them on 31-5-1983, this case was rot persisted at the hearing before the Tribunal. According to respondents 1 to 4, only a gist of the award was communicated to them on 31-5-1983. They therefore applied for a certified copy of the award on 3-6-1983. The certified copy was ready on 15-7-1983, but was delivered to them only on 5-8-1983. Thereafter and without any delay, they filed an appeal against the award before the Kerala Cooperative Tribunal, the 6th respondent, which reached the latter through pest on 16-8-1983. The appeal was entertained, and was, in the event, allowed. The matter was remitted back to the Arbitrator to receive the written statement which respondents 1 to 4 had filed and to dispose of the matter afresh, on merits, after affording them opportunity to adduce evidence. It is this order of remand, Ext. P2, that is challenged.