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SHAJAN, S/O. CHANDRAN versus SECRETARY, MUNDOOR SERVICE CO

High Court of Kerala

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SHAJAN, S/O. CHANDRAN v. SECRETARY, MUNDOOR SERVICE CO-OPERATIVE - WP(C) No. 30841 of 2006(V) [2007] RD-KL 415 (5 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30841 of 2006(V)

1. SHAJAN, S/O. CHANDRAN,
... Petitioner

Vs

1. SECRETARY, MUNDOOR SERVICE CO-OPERATIVE
... Respondent

2. JOINT REGISTRAR (GENERAL) OF

3. SUB REGISTRAR, MUNDOOR.

4. ASST.REGISTRAR OF CO-OPERATIVE

5. REGISTRAR OF CO-OPERAITVE

For Petitioner :SRI.P.K.ANIL

For Respondent :SRI.P.C.SASIDHARAN

The Hon'ble MR. Justice J.M.JAMES

Dated :05/01/2007

O R D E R

J.M.JAMES, J.

W.P.(C). 30841/2006 Dated this the 5th day of January, 2007

JUDGMENT

When the writ petition came up for consideration, the learned counsel for the first respondent, bank, submits that the Arbitration proceedings had been initiated against the writ petitioner and his wife and the same is pending. However, the Arbitrator had also initiated proceedings for attaching the property of the writ petitioner before judgment.

2. The counsel for the first respondent further submits that as per Section 78 of the Kerala Co-operative Societies Act, 1969, in short 'the Act', attachment before judgment had been ordered and the matter is pending. If the writ petitioner furnish a security, the attachment before judgment could be averted.

3. Therefore, the writ petitioner may approach the second respondent, the Joint Registrar, who issued the attachment order, so that the attachment could be lifted. W.P.(C).30841/2006 2 As the writ petitioner is also a party in the Arbitration proceedings pending before the Arbitrator, he may raise all his contentions before the Arbitrator. No further orders are necessary in this petition. The writ petition is closed as above. J.M.JAMES

JUDGE

mrcs


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

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