← Library
High Court of KeralaWP(C)/7557/2015disposed of

Sreeja Mahesh v. Sree Narayana College Staff Co-Operative Society Ltd No A 756

2015-03-10Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7557 of 2015 (T) --------------------------- PETITIONER:

------------------ SREEJA MAHESH, W/O.MAHESH, NEDUMKANDATHIL, KANJIKUZHI PANCHAYATH WARD NO 14, SN PURAM P.O., CHERTHALA.

BY ADV. SRI.T.JAYAKRISHNAN RESPONDENTS:

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

1. SREE NARAYANA COLLEGE STAFF CO-OPERATIVE SOCIETY LTD NO A 756, S N PURAM P.O, CHERTHALA REPRESENTED BY ITS HONORARY SECRETARY 688 582

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),ALAPPUZHA 688 001.

3. S. INDIRA, W/O.SHAJI, NEDUMKANDATHIL, KANJIKUZHI PANCHAYATH WARD NO 14, SN PURAM P.O, CHERTHALA 688 582 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7557 of 2015 (T) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF SETTLEMENT DEED NO 200/2014 OF SRO PUTHANAMBALAM EXHBIIT P2 TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD 2014-2015 EXHBIIT P3 TRUE COPY OF P[ARITION DEED NO 965/2006 OF SRO PUTHANAMBALAM EXHBIIT P4 TRUE COPY OF PLAINT IN ARC 411/2014 BEFORE THE SECOND RESPONDENT EXHBIIT P5 TRUE COPY OF THE ITERLOCUTORY APPLICATION FILED BY THE FIRST RESPONDENT ON 24-09-2014 BEFORE THE SECOND RESPONDENT IN ARC 411/2014 EXHBIIT P6 ORDER PASSED IN EXHIBIT P-5 PETITION BY THE SECOND RESPONDENT BEARING NO AEL 6363/14 DATED 19-11-2014 RESPONDENT(S)' EXHIBITS : NIL

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 7557 OF 2015 ------------------------------------ Dated this the 10th day of March, 2015

JUDGMENT

The first respondent has filed ARC No. 411/2014 on the file of the second respondent against the third respondent. The complaint is that the property of the petitioner has been attached in the arbitration case for the alleged dues from the third respondent.

2.

It is open to the petitioner to file a claim petition before the second respondent. Such claim in ARC No. 411/2014 shall be dealt with after notice to the parties. The question whether the third respondent has any attachable interest in the property shall be probed into. Final orders on the claim petition shall be passed within two months after its preferment. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd