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2013 Supreme(Online)(Ker) 36287

KERALA HIGH COURT
, J
Joseph A. R. and Others v. Co-operative Arbitration Court Kozhikode and Others


Advocates:
For the Appellants/Petitioners: Adv. P. C. Sasidharan
For the Respondents: Govt. Pleader

Table of Content
1. challenge against ex-parte order without due summons. (Para 1 , 2)
2. arguments regarding maintainability and tribunal's powers. (Para 3 , 4)
3. court's observations on jurisdiction and powers. (Para 5 , 6 , 12)
4. court's reasoning on inherent powers of the tribunal. (Para 7 , 8 , 9 , 10 , 11)
5. final ruling to issue fresh summons and valid proceedings. (Para 13)

1. The petitioners have filed this writ petition challenging the action of the first respondent, the Co - operative Arbitration Court, Kozhikode, declaring them ex - parte in ARC 24/13. They lament that the Co - operative Arbitration Court has no power to set aside the order declaring them ex - parte. Therefore, they have invoked the jurisdiction of this Court under Art.226 of the Constitution.

2. The petitioners are elected members of the Board of Directors of the Thekkumkutty Ksheerolpadaka Sahakarana Sangham, the third respondent herein. An election was conducted to the Board of Directors of the Society on 27/03/2013 in which, the petitioners were elected. The fifth respondent is a candidate who was defeated at the election. The fourth respondent is a person who had challenged election notification itself





















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