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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
Changanaserry Rubber Marketing Co-Operative Society Ltd. – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to the tribunal's decision (Para 1 , 2 , 3) |
| 2. starting point of limitation for appeals (Para 4 , 8) |
| 3. amendment implications on appeal processes (Para 5 , 10 , 11 , 12) |
| 4. counsel submissions regarding applicability of case law. (Para 6) |
| 5. pre-amendment rule 68 interpretation (Para 7) |
| 6. writ petition disposed; fresh consideration ordered (Para 13) |
JUDGMENT :
K.BABU, J.
The challenge in this Writ Petition is to Ext.P4 order passed by the Kerala Co-operative Tribunal, Thiruvananthapuram in Appeal No.330/2024. The petitioner, the Changanacherry Rubber Marketing Co-operative Society, was the appellant.
2. The petitioner filed an appeal under Section 82 of the Kerala Co-operative Societies Act (for short “the Act”) challenging the award dated 17.08.2024 in A.R.C No.207/2020 passed by the Arbitrator attached to the office of the Assistant Registrar of Co-operative Societies (General), Changanacherry.
3. The appeal was filed on 29.10.2024. The period of limitation for filing appeal under Section 82 of the Act is 60 days from the date of award.
4. Admittedly, the award was passed in the presence of the petitioner. The Tribunal following C.K.Damodaran v. Kerala Co- o
The time taken to obtain a certified copy of an award must be excluded from the limitation period for filing an appeal under the Kerala Co-operative Societies Act.
The time taken to obtain a certified copy of an award is excluded in computing the limitation period for filing an appeal under Section 82 of the Kerala Co-operative Societies Act due to amendments i....
The Limitation Act, 1963 applies to proceedings under the Bengal Co-operative Societies Act, unless expressly excluded.
Limitation for appeal under the Kerala Co-operative Societies Act is counted from the date of service of the order, regardless of later filing of the physical copy.
The Court determined that a Revision Petition can be filed without a fixed time limit, allowing for delay provided sufficient reasons are given, especially under the 1969 Act.
The High Court cannot exercise writ jurisdiction if the statutory period for appealing has expired, reinforcing adherence to legislative intent regarding statutory limitations.
Petitioners must raise all objections to the notice before the competent authority prior to judicial review.
The provisions of the Limitation Act, including Section 5, apply to appeals under the Himachal Pradesh Cooperative Societies Act, allowing for delay condonation if sufficient cause is shown.
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