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2003 Supreme(Ker) 582

K.BALAKRISHNAN NAIR
Thajuddin Shameer – Appellant
Versus
Secretary Coastal Urban Co-op. Bank Ltd. – Respondent


Judgment :-

1. The point to be decided in this O.P. is whether there is any time limit for filing a Revision Petition before the Kerala Co-operative Tribunal under S.84 of the Kerala Co-operative Societies Act. The brief facts of the case are the following:

2. The petitioners are the members of the Coastal Urban Co-operative Bank Ltd. No.3036, Kollam. They have availed loans from the said Bank. They committed default in paying the amounts due under the loans. Therefore, the Bank moved the arbitrator and Exts.P1 and P1(a) have been passed in favour of the Bank and against the petitioners. The respondents in the arbitration case filed R.P. Nos.236/2002 and 235/2002 before the Kerala Co-operative Tribunal under S.84 of the Kerala Co-operative Societies Act. Those Revision Petitions were filed after a delay of one year and four months and two years and five months respectively. Therefore, the Tribunal dismissed the Revision Petitions as barred by limitation by Exts.P2 and P2(a) orders. This Original Petition is filed challenging those orders.

3. The petitioners submit that the Act does not prescribe any period of limitation and therefore, they can move the Tribunal at any time, according





























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