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1998 Supreme(Ker) 63

P.A.MOHAMMAD
Paul – Appellant
Versus
Asst. Registrar – Respondent


Judgment :-

P.A. Mohammed, J.

The main question involved in this Writ Petition is whether the Registrar settling a dispute under R.67 of the Kerala Co-operative Societies Rules, 1969 (for short 'the rule') has power to set aside an ex-parte order passed by him in the proceeding.

2. The 1st respondent issued Ext. P1 demand notice to the petitioners under R.71 of the Rules calling upon them to pay an amount of Rs. 22,943/- due to the Society. On enquiry they came to understand that the 2nd respondent, the Varantharapilly Service Co-operative Bank limited, filed a claim petition against the petitioners before the 1st respondent as ARC 611/91 for an amount of Rs. 17,645/- with 18% interest and that on 30.5.1992 the first respondent declared them ex-parte. The case of the petitioners is that they did not receive any summons from the first respondent for appearance. In the aforesaid situation, their counsel filed two petitions before the 1st respondent, one for setting aside the exparte award and the other for staying the execution of the said award. Exts. P2 and P3 are the copies of those petitions filed on behalf of the petitioners. Though they were presented before the 1st respondent he

















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