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1977 Supreme(Ker) 293

V.BALAKRISHNA ERADI, K.K.NARENDRAN
THILAKAN – Appellant
Versus
MANKAI COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD – Respondent


Judgment :-

1. The short question that it raised in this case is whether the provisions of the Limitation Act, 1963 are applicable in the matter of adjudication of a claim preferred before the Registrar of Co-operative Societies under S.60 of the Travancore-Cochin Co-operative Societies Act, 1952 materially corresponding to S.69 of the Kerala Co-operative Societies Act, 1969. The Kerala Co-operative Tribunal, Trivandrum by its order Ext. P3 held that the provisions of the Limitation Act have no application to proceedings taken before the Registrar under S.69 of the Kerala Co-operative Societies Act (S. 60 of the Travancore-Cochin Co-operative Societies Act). O.P.No. 2879 of 1972 out of which this writ appeal arises was filed by the appellants herein challenging the correctness of the aforesaid view taken by the Co-operative Tribunal and praying that the order Ext. P3 should be quashed. Our learned brother Poti, J. dismissed the writ petition holding that the Tribunal was right in rejecting the plea of limitation on the ground that the Limitation Act had no application to the proceedings before the Registrar. Hence this appeal.

2. In Town Municipal Council, Athani v. Presiding Office




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