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2005 Supreme(Ker) 307

THOTTATHIL B.RADHAKRISHNAN
Sarojini Amma – Appellant
Versus
Trivandrum District Co-operative Bank Ltd – Respondent


Judgment :-

Thottathil B. Radhakrishnan, J.

Petitioners challenge Ext.P2 by which the Kerala Co-operative Tribunal decided that a revision filed by the writ petitioners and three others invoking S.84 of the Kerala Co-operative Societies Act (hereinafter referred to as "the Act") was highly belated. The revision was accordingly dismissed by the Tribunal, as not maintainable, in view of the inordinate delay.

2. Ext.P1 award for realization of amounts awarded thereby was passed on 28-10-1997, by the Arbitrator under S.70 of the Act. The revision under S.84 of the Act was filed on 23-8-1999, more than one year and nine months after the award was passed.

3. The Tribunal held that though S.84 of the Act does not prescribe any time limit for filing a revision, there cannot be any unreasonable delay in doing so. In arriving at its conclusion as stated above, the Tribunal relied on the decision of this Court in Narayanan v. Rent Controller (1988 (2) KLT 74) and the decision of the Full Bench of this Court in Moideen Koya v. Kunhammed Haji (1999 (2) KLT 646).

4. S.81 of the Act provides for constitution of the Tribunal and S. 82 provides for appeals to the Tribunal. S.84 provides for a revision






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