JUDGMENT

Dated this the 24th day of August, 2022 Aggrieved by the common order passed by the Court of the Principal Subordinate Judge, Ernakulam in E.A.Nos.341/2022, 475/2022 in E.P.No.643/2020 (Ext.P11), the decree-holder has filed the original petition. The respondents are the judgment debtors.

2. The concise case of the petitioner, relevant for the determination of the original petition, is: the petitioner is a Society registered under the Kerala Co- operative Societies Act. A dispute arose between the petitioner and the respondents, which led the petitioner to file ARC No.390/1987 against the respondents, under Section 69 of the Kerala Co- operative Societies Act, 1969 (in short, 'Act'). The petition was allowed by Ext.P1 award. The petitioner filed E.P.No.643/2020 before the Court of the Subordinate Judge, Ernakulam, under Section 76A of the Act, to execute the award. The respondents resisted the execution petition contending that it is time-barred. The court below upheld the respondents’ objection by Ext.P6 order. Ext.P6 order is passed by the Commercial Court, Ernakulam. The Commercial Court lacks inherent jurisdiction to entertain an execution petition filed under Section 76