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1974 Supreme(Ker) 64

P.SUBRAMONIAN POTI
THILAKAN – Appellant
Versus
M. C. – Respondent


Judgment :-

1. The Kerala Co-operative Tribunal, Trivandrum, in the order Ext. P3 which is under challenge here, held that there is no question of applying the provisions of the Limitation Act, 1963 in the matter of adjudication of a claim under S.60 of the Travancore-Cochin Co-operative Societies Act 1952 materially corresponding to S.69 of the Kerala Co-operative Societies Act. The only ground of attack as against Ext. P3 order is that the Tribunal was in error in holding that the Limitation Act would not apply in the matter of adjudication of the claim under the provisions of S.60 of the Travancore-Cochin Co-operative Societies Act or S.69 of the Kerala Co-operative Societies Act.

2. No period of limitation is prescribed in the Travancore-Cochin Act or in the Kerala Act for adjudication of a claim under the Act, whether it be an adjudication by the Registrar himself or an adjudication by arbitrators to whom he refers the matter for decision. The provisions of Indian Limitation Act are not made applicable to proceedings under the Co-operative Societies Act. Nevertheless the petitioners contend that it should be deemed to be applicable and in support of this reliance is placed on S




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