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1976 Supreme(Ker) 3

K.K.NARENDRAN
SEKHARAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner in this original petition is a person who entered into a contract with the 4th respondent - The Vaikom Service Co-operative Society Ltd., No. K. 349, Vaikom for the construction of a godown. As the petitioner did not complete the construction in time, the 4th respondent cancelled the contract and completed the construction through somebody else. Thereafter, for realising the damages suffered because of the petitioner's failure to complete the construction, the 4th respondent filed an arbitration before the 3rd respondent-Assistant Registrar of Co-operative Societies (General), Vaikom under S.69 of the Kerala Co-operative Societies Act, 1969, for short the Act, and R.67 of the Rules framed thereunder as A.R.C. No. 254 of 1974. The petitioner contested the matter. He filed an application before the 3rd respondent to try the objection that the 3rd respondent has no jurisdiction as a preliminary issue. The 3rd respondent by Ext. P-1 order dated 18 91974 held that he has jurisdiction in the matter. The petitioner questions the above order of the 3rd respondent in this original petition. The 4th respondent has filed a counter-affidavit. The questions that ar











































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