IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SCARIA K.G. – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LIMITED – Respondent
| Table of Content |
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| 1. (Para 1 , 2 , 3 , 4) |
JUDGMENT
The petitioner has approached this Court contending that the 1st respondent bank has initiated proceedings to recover amounts due under a time barred debt by initiating proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969.
2. The learned Government Pleader and the learned counsel appearing for the 1st respondent bank would submit that it is for the petitioner to raise any contention regarding limitation before the arbitrator, and there is no cause of action to file a writ petition under Article 226 of the Constitution of India at this stage of the proceedings. It is pointed out that the petitioner has already filed Ext.P2 written statement, taking up the contention that the claim is time barred. It is submitted that the arbitrator may be directed to consider the question of limitation while adjudicating the claim raised by the bank.
3. Having heard the learned counsel for the petitioner, the learned Government Pleader, and the learned counsel for the 1st respondent bank, I am of the opinion that this writ petition can be disposed of directing that, since the petitioner has already raised a contention regardin
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