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1973 Supreme(Ker) 165

M.U.ISAAC
P. C. POULOSE – Appellant
Versus
E. P. SUKUMARAN NAIR – Respondent


Judgment :-

1. The third respondent, the Pindimana Service Co-operative Bank Ltd., No. E-25, which is herein represented by its President, the second respondent, made a claim against the petitioner for a sum of about Rs. 25,000/- on the basis of a promissory note executed by him in favour of the Bank. The claim was referred for arbitration under S.69 of the Kerala Co-operative Societies Act, 1969 to the first respondent, the Circle Officer of Co-operative Societies. The case stood posted to 31-1-1972. When it was taken up for hearing on that date, the second respondent, who was representing the Bank was not present; and there was also no application for adjournment. The petitioner's counsel, who was present, urged for a dismissal of the claim. Accordingly the first respondent dismissed the claim, and passed an award, Ext. P1 dated 31-1-1972, under S.70 (3) of the Act. The second respondent on behalf of the Bank made an application to the first respondent to set aside the exparte award. The application was allowed by the first respondent by its order Ext. P3 dated 7-3-1972. This petition has been filed to quash the above order.

2. The only contention urged by the petitioner in suppor









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