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PENNA KRISHNAN, S/O.AYICHAN, AGED 42 versus JOINT REGISTRAR OF CO

High Court of Kerala

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PENNA KRISHNAN, S/O.AYICHAN, AGED 42 v. JOINT REGISTRAR OF CO-OPERATIVE - WP(C) No. 26600 of 2003(N) [2007] RD-KL 5577 (16 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26600 of 2003(N)

1. PENNA KRISHNAN, S/O.AYICHAN, AGED 42
... Petitioner

Vs

1. JOINT REGISTRAR OF CO-OPERATIVE
... Respondent

2. TALIPARAMBA CO-OPERATIVE HOUSE BUILDING

For Petitioner :SRI.O.V.MANIPRASAD

For Respondent :SRI.MOHAMMED RAFIQ

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :16/03/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.26600 of 2003 Dated 16th March, 2007.

J U D G M E N T

Petitioner is aggrieved by Ext.P3 whereby the Arbitrator refused to entertain the application for setting aside the ex parte award passed in A.R.C.381/01. There is no counter affidavit. After having heard counsel on both sides, I am of the view that it is only in the interests of justice that the petitioner is given an opportunity to contest the matter on merits. I quash Ext.P3 with a direction to the first respondent to see that the petitioner is permitted to contest the matter on merits. The needful in this regard shall be done within a period of two months from the date of production of a copy of the judgment, with notice to the petitioner and the second respondent. It is made clear that the judgment will not stand in the way of the petitioner, if so advised, approaching the second respondent for the benefit of one time settlement scheme. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 16th March, 2007.


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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