Over 2 lakh Indian cases. Search powered by Google!

Case Details

VELIMUKKU SERVICE CO

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


VELIMUKKU SERVICE CO-OPERATIVE BANK v. THE ASSISTANT REGISTRAR OF - OP No. 15061 of 2003(R) [2007] RD-KL 10838 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 15061 of 2003(R)

1. VELIMUKKU SERVICE CO-OPERATIVE BANK
... Petitioner

Vs

1. THE ASSISTANT REGISTRAR OF
... Respondent

2. P.SAKEENA, D/O. P.ABDURAHIMAN,

For Petitioner :SRI.S.V.BALAKRISHNA IYER

For Respondent :SPL.GOVT.PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :20/06/2007

O R D E R

KURIAN JOSEPH J. O.P. Nos. 15039, 15061 & 15122 OF 2003 Dated 20th June, 2007.

J U D G M E N T

These writ petitions are filed at the instance of a Service Cooperative Bank which is aggrieved by the interim orders passed by the Arbitrator under Section 69 of the Kerala Cooperative Societies Act, 1969. By the impugned orders, the Arbitrator refused to implead the former Secretary of the petitioner Bank in the arbitration cases. It is the stand of the petitioner that the former Secretary, viz., Sri.Devadas is personally responsible for the misappropriation and hence he is a necessary party in the arbitration proceedings. The Arbitrator observed that in case the Bank is of such a view, it is for the Bank to proceed against the said Secretary independently and in the arbitration proceedings initiated at the instance of the depositors, the said Secretary is not a necessary party. It is also to be seen that the Arbitrator has only passed interim orders. If ultimately the petitioner Bank is aggrieved by the award, the Bank can take up all available contentions in pursuing the grievances in appropriate proceedings at that time. In OP NO. 15039/03 & connected cases 2 that view of the matter, it is not necessary to stall the proceedings before the Arbitrator. Therefore, without prejudice to the liberty to the petitioner as above, these writ petitions are dismissed. The Arbitrator shall dispose of the arbitration cases within four months from the date of receipt of a copy of the judgment.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J.

O.P. Nos.15039, 15061 & 15122 OF 2003

J U D G M E N T

Dated 20th June, 2007. OP NO. 15039/03 & connected cases 4


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.