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2025 Supreme(Online)(Ker) 57055

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
KSFE STAFF CO-OPERATIVE SOCIETY LTD NO777 – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VINOD KUMAR.C
For the Respondents: SRI.K.SASIKUMAR, SMT. RESMI THOMAS (GP)

Table of Content
1. legal benefit fund remittance criteria. (Para 1 , 2 , 4)
2. court's consideration of petitioner’s contentions. (Para 3)

JUDGMENT

This writ petition has been filed by the Kerala State Financial Enterprises Staff Co-operative Society challenging Exhibit P5 order of the Kerala Co-operative Tribunal, Thiruvananthapuram, finding that on failure of the petitioner to remit Legal Benefit Fund (additional court fee) for the amount in dispute in respect of Revision Petition No.118 of 2023, the revision petition must be rejected.

2. Learned counsel appearing for the petitioner submits that in terms of Exhibit P6 notification dated 16.01.2017, Legal Benefit Fund has to be remitted at the rate of 1% of the amount involved in the dispute only where the original petitions, original application, appeals or revisions mentioned in the notification relate to an ‘amount in dispute’. It is submitted that, Revision Petition No.118 of 2023 is filed challenging Exhibit P3 order, which holds that the claim of the petitioner that the arbitration proceedings initiated by the 2nd respondent are barred by limitation, cannot be accepted. It is submitted that, a Revision Petition filed challengin

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