M.P.MENON
KARUNAKARAN – Appellant
Versus
SPECIAL SALE OFFICER – Respondent
1. The 2nd respondent Bank filed four "arbitration cases" against the petitioner, under S.69 and 70 of the Co-operative Societies Act, 1969. The petitioner appeared before the Arbitrator at the first sitting, and was told that intimation about the next sitting would be duly given. But without giving any such intimation, the four cases were taken up for hearing on 12-6-79 and ex parte awards passed in favour of the Bank, in the petitioner's absence. Exts.P1 to P4 are the awards. The gist of the awards was also not communicated to the petitioner, as required by R.68. The petitioner came to know about the passing of the awards only when the 1st respondent issued "sale notices", in execution of the awards. The petitioner thereupon challenged the four awards in four different Revision Petitions filed before the 4th respondent-Tribunal; but these were also dismissed on 18-12-80, for the reason that the petitioner and his counsel were absent when the cases were taken up. Exts.P5 to P8 are the orders of the Tribunal. Thereafter Exts.P9 and P10 auction notices were served on the petitioner. The Arbitrator had acted arbitrarily and in violation of S.104 in making the ex parte awa
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