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1996 Supreme(Ker) 29

K.T.THOMAS, T.V.RAMAKRISHNAN
Thankam R. Pillai – Appellant
Versus
Arbitrator – Respondent


Judgment :-

Ramakrishnan, J.

Whether an Arbitrator functioning under me Co-operative Societies Act (for short 'the Act') has power to implead the legal representatives of a deceased petitioner in a proceeding pending before him, is the important question raised for consideration in this appeal. While arguing for the position that the Arbitrator has such power, Smt. P. V. Asha, learned counsel for the appellant has submitted that the decision of learned single judge of mis Court reported in 1976 K.L.T. 18 (Bhaskaran Nair v. Co-operative Tribunal, Trivandrum) wherein it has been held that there is no such power for the Arbitrator, requires reconsideration.

2. The question has arisen on the following facts and circumstances: Appellant's husband applied for a plot of land under the "30 acres Housing Scheme" of the second respondent society in 1978. A plot of 10 cents was allotted to him on remittance of an amount of Rs. 50,000/- as land value. Thereafter, the Society has cancelled the allotment. The cancellation was challenged before this court and the same was set aside and the matter was remitted for fresh decision by the Society. The Society again cancelled the order of allotment. The




























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