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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
BRAHMAGIRI DEVELOPMENT SOCIETY – Appellant
Versus
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) – Respondent
| Table of Content |
|---|
| 1. challenge to arbitrator's attachment order. (Para 1) |
| 2. arguments regarding prejudicial effects and jurisdiction. (Para 2 , 3) |
| 3. submission about amounts due and modification possibilities. (Para 4 , 5) |
| 4. court's observations on authority and order modification. (Para 6) |
JUDGMENT
The petitioners have approached this Court being aggrieved by Ext.P2 order of the Assistant Registrar of Co-operative Societies (General), Mannarkkad, who is also the arbitrator in ARC Nos.78 of 2026 and 79 of 2026, which are applications filed under Section 69 of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as the ‘1969 Act’), by the 2nd respondent against the 1st petitioner claiming certain amounts. It is the case of the 2nd respondent that it maintains certain with the 1st petitioner and despite maturity they have not been paid. By Ext.P2 order dated 20.01.2026, the bank account of the 1st petitioner mentioned in the order has been attached.
2. The learned counsel appearing for the petitioners submits that Ext.P2 order is causing great prejudice to the petitioners. It is submitted that there are amounts lying to the credit of the 1st petitioner in the account (
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