Sathyan vs Thrissur District Co-Operative … on 18 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8496 of 2009(F)


1. SATHYAN, S/O.KUTTAPPAN VAIDYAR,
                      ...  Petitioner

                        Vs



1. THRISSUR DISTRICT CO-OPERATIVE BANK
                       ...       Respondent

2. THE BRANCH MANAGER,

3. ASSISTANT REGISTRAR/SPECIAL SALEOFFICER,

4. THE JOINT REGISTRAR (GENERAL),

5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.C.E.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :18/03/2009

 O R D E R
                THOTTATHIL B RADHAKRISHNAN, J
                    ...........................................
                   WP(C).NO. 8496                  OF 2009
                    ............................................
         DATED THIS THE 18TH DAY OF MARCH, 2009

                                  JUDGMENT

The petitioner suffered an arbitration award under the

Kerala Co-operative Societies Act in 2001. That is put in

execution. Any dispute relating to applicability of any of the

circulars issued by the Registrar, which may be binding on first

respondent and the fixation of the actual amounts that may be

due in execution on the basis of those circulars, is a matter

relating to the discharge, execution and satisfaction of the

arbitration award. This, therefore, is a matter which could be

adequately adjudicated and appropriately decided at the hands of

the third respondent, executing authority, viz, the Sale Officer.

Without prejudice to the right of the petitioner to seek such relief

and preserving his contentions on the basis of the circulars issued

by the Registrar, this writ petition is dismissed, since the

intervention of this court is not necessary in the wake of

availability of efficacious alternate remedy as noticed above.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/20/3