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2018 Supreme(Ker) 292

ANU SIVARAMAN
M. SUGATHA KUMAR, S/O. RADHAKRISHNAN NAIR – Appellant
Versus
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. K.RAVI (PARIYARATH), SRI.A.V.RAVI
For the Respondent: SRI. V.M. KURIAN, SRI. MATHEW B. KURIAN, SRI. K.T. THOMAS, SMT. C.S. SHEEJA

JUDGMENT :

This writ petition is filed challenging Exhibits P3 and P4 orders issued by the Arbitrator and the Co-operative Tribunal respectively on the question of maintainability of ARC.No.2351 of 2016 before the 2nd respondent. It is submitted that the petitioner herein was a practicing lawyer. On the contention that the respondent Society had engaged the petitioner to file execution petitions for executing awards passed in favour of the Society and had paid an amount of Rs.12,24,500/-as professional fee and that the petitioner did not conduct the case and returned the awards to the Society without even filing execution petitions, the ARC is filed seeking return of the amounts paid as professional fees, with interest.

2. It is stated that the petitioner had filed a written statement and had raised the issue of maintainability of the ARC as a preliminary issue. He had also approached this Court and by judgment dated 27.9.2017 in W.P(C).No.30654 of 2017, this Court directed the 2nd respondent to pass orders on the petitioner on the preliminary issue. Exhibit P3 order was issued by the Arbitrator pointing out that as the dispute is between the Society and it's agent, it is maintainabl










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