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1987 Supreme(Ker) 278

MALIMATH, BHASKARAN NAMBIAR
A & E INSPECTOR – Appellant
Versus
ANTONY VARGHESE – Respondent


Judgment :-

1. This appeal is by the original respondents 1, 2 and 4, against the judgment of the learned single judge in OP No. 76 of 1984. Respondent No.1 is a member of Respondent No.2 society, registered under the Kerala Co-operative Societies Act, 1969, (hereinafter referred to as the Act.) Respondent No.1 had obtained a loan from the society by mortgaging his immovable properties. On the ground that the loan was not discharged, the Society raised a dispute and referred the same before the 2nd appellant, the Assistant Registrar of Co-operative Societies, Nedumkandam. The Assistant Registrar to whom the dispute was referred, transferred it for disposal to the 3rd appellant, the Inspector of Co-operative Societies, Udumbanchola Unit A, under S.70(1)(c) of the Act, which empowers the Registrar to refer the dispute for disposal to an Arbitrator appointed by the Registrar. The Arbitrator after due notice to the parties made an award on 16-3-1982. Respondent No.1 did not challenge the same before the appellate authority and allowed the award to become final. It was when the award was put in execution and revenue recovery proceedings were set in motion for that purpose, that he invok













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