High Court of KeralaWP(C)/7363/2015disposed of

Jose Joseph v. Assistant Registrar

2015-03-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 7363 of 2015 (U) --------------------------- PETITIONER:

------------------ JOE JOSEPH.N, W/O.LATE JAMES MAXI ADAI, PADINJARAKUDIYIL HOUSE, AMALAGIRI P.O., KOTTAYAM DISTRICT.

BY ADVS.SRI.SUBHASH CYRIAC SMTSHEEBA JOSEPH SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENTS:

------------------------

1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM.

2. ADHYAPAKA URBAN CO-OPERATIVE BANK LTD,NO.794, PUTHUPPALLY, KOTTAYAM, PIN 686011 REPRESENTED BY ITS GENERAL MANAGER.

3. SALE OFFICER CUM INSPECTOR OF CO-OPERATIVE SOCIETIES FOR ARBITRATION AND EXECUTION, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) , KOTTAYAM-686 001.

4. SPECIAL SALE OFFICER, ADHYAPAKA URBAN CO-OPERATIVE BANK LTD, NO.794, PUTHUPPALLY, KOTTAYAM, PIN 686011.

BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7363 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE SUMMONS AND PETITION IN ARC.NO.669/13. EXHIBIT P2 :

TRUE COPY OF AWARD IN ARC NO.669/13 DATED 25.04.2013. EXHIBIT P3 :

TRUE COPY OF THE NOTICE IN E.A.NO.192/14 OF THE 3RD RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 7363 OF 2015 ------------------------------------ Dated this the 9th day of March, 2015

JUDGMENT

The petitioner has filed Ext.P4 objection to Ext.P3 notice in execution of Ext.P2 award. The petitioner contends that his predecessor did not avail any loan from the second respondent bank and that no assets have at any rate been devolved on him. 2.

I direct Ext.P4 objection filed to Ext.P3 notice to be considered within a period of one month from the date of receipt of a copy of this judgment. The same shall be done by the first respondent with notice to the petitioner and the second respondent bank.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd