An Arbitrator under the Co-operative Societies Act, 1969, has passed an ex-parte award. The defendant against whom the ex-parte award was passed, has approached the Arbitrator through I.A.14/2013 in ARC.147/2009 to get the ex-parte award set aside. The Arbitrator has taken the view that the defeated defendant ought to have filed an appeal before the Tribunal, and an application filed for getting the ex-parte award set aside was not maintainable.

2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. The position is covered by the decision in Cheru Ouseph v. Kunjipathumma [1981 KLT 495], wherein it was held as follows:-

“All powers which are not specifically denied by the statute or the statutory rules should be vouchsafed to a Tribunal that it may effectively exercise its judicial function.” The said decision in Cheru Ouseph (Supra) has been upheld by the Division Bench of this Court in Thankam R. Pillai v. Arbitrator [1996 KHC 49].

5. In Ebrahim Ismail Kunju v. Phasila Beevi [1991 (1) KLT 861], it was held:-

“A Tribunal should be facilitated to do all that a court could do in similar situations; and much more than that. Greater speed and the t