Kerala High Court
P.S.Mohanan Nair vs The Elamgulam Service Co-Operative ... on 31 May, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 22ND DAY OF MARCH 2012/2ND CHAITHRA 1934
OP(C).No. 1030 of 2012 (O)
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IN AP.32/2001 of KERALA CO-OP.TRIBUNAL,TVM.
PETITIONER : -
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P.S.MOHANAN NAIR,
S/O.SANKARAN NAIR,
CHILANKA HOUSE,
PONKUNNAM,
KOTTAYAM DISTRICT.
BY ADVS. SRI.GEORGE KARITHANAM VARGHESE
SRI. C.I. ABRAHAM
SRI. JOSE KURIAKOSE
RESPONDENTS : -
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1. THE ELAMGULAM SERVICE CO-OPERATIVE BANK LTD.NO.3576,
KOORALI,P.O.,PIN-686522
REPRESENTED BY ITS SECRETARY.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
KOTTAYAM-696001.
BY GOVERNMENT PLEADER SMT. LILY LESLIE
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1030 of 2012 (O)
APPENDIX
PETITIONER'S EXHIBITS:
EXT P1 : COPY OF THE JUDGMENT IN A.P.NO.32/2001 DATED 31.5.2007 OF THE
CO-OPERATIVE TRIBUNAL.
EXT P2 : COPY OF THE JUDGMENT DATED 13.10.2008 IN W.A.NO.336/2008.
EXT P3 : COPY OF THE CERTIFICATE IN FORM NO.12 DATED 28.12.2011 ISSUED BY
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM.
EXT P4 : COPY OF LETTER BEARING NO.C.R.P. (2) 5818/2011 DATED 15.2.2012 OF
THE JOINT REGISTRAR OF CO-OPERARIVE SOCIETIES (G), KOTTAYAM.
EXT P5 : COPY OF THE EXECUTION PETITION RETURNED WITH THE
ENDORSEMENTS BY THE HON'BLE SUBORDINATE JUDGE'S COURT,
PALA.
RESPONDENTS' EXHIBITS: NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
S.S.SATHEESACHANDRAN,J.
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O.P. (c) NO.1030 of 2012
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Dated this the 22nd day of March, 2012
JUDGMENT
Grievance of the petitioner is that an execution petition filed before the Sub Court, Pala, to execute an award passed by the Co-operative Tribunal, with a certificate issued by the Registrar of the Co-operative Societies, as covered under Section 76 of the Co-operative Act and Rule 72 of the Co-operative Rules was returned as defective without providing him an opportunity to canvass before the court the entertainability of the execution petition applied for. Having regard to the materials produced in the original petition and also hearing the submissions made by the learned counsel for the petitioner, I find, the execution court before which the execution petition was presented should have provided an opportunity to the petitioner or his counsel for hearing if at all it entertained any doubt over the entertainability of the petition. Whatever that be, the petitioner is directed to O.P. (c) NO.1030 of 2012 2 represent the execution petition returned to him with a petition seeking an opportunity to present his submissions that the execution petition appended with the certificate of the Registrar is entertainable before that court. If it is done as directed within a period of three weeks from today, the learned Sub Judge shall receive the execution petition and provide an opportunity to the counsel for the petitioner, hear him and, then, decide the question of the entertainability of the execution petition.
Subject to the observations made above, the original petition is disposed of.
Hand over a copy of the order to the counsel for the petitioner.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-