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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 a tribunal order by co-operative society. (Para 1 , 2 , 3) |
| 2. limitation period starts from award date. (Para 4 , 6) |
| 3. time taken for obtaining certified copy excluded from limitation. (Para 5 , 10 , 11) |
| 4. coercive proceedings deferred pending tribunal decision. (Para 7) |
| 5. division bench's interpretation of rules affects appeal timing. (Para 8 , 12) |
| 6. set aside award; remit to tribunal for fresh consideration. (Para 9 , 13) |
JUDGMENT :
K. BABU, J.
1. 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 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 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 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.
It is for them to file third party appeal along with application to secure third party leave from the Kerala Co-operative Tribunal, in terms of Sec.82(1) of the Act.
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 court clarifies that the arbitrator holds the authority to consider limitations raised by a party in an arbitration concerning debt recovery claims.
Petitioners must raise all objections to the notice before the competent authority prior to judicial review.
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