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2019 Supreme(Online)(KER) 60408

HIGH COURT OF KERALA
ALPHONS K.T – Appellant
Versus
CHOONDACHERRY SERVICE CO-OPERATIVE BANK POST – Respondent


Advocates:
['JOSEPH T JOHN', 'SRI T MADHU', '', 'SMT C R SARADAMANI']

The petitioner says that he is the

defendant in an Arbitration Case filed by the

respondent-Choondacherry Service Co-operative

Bank Ltd. (hereinafter referred to as 'the

Society' for short) and that he is aggrieved

by Ext.P10 order of the Co-operative Tribunal

(hereinafter referred to as 'the Tribunal' for

short) permitting the Society to amend the

said ARC. The petitioner says the ARC was

initially sought to be withdrawn by the

Society with permission to file a fresh one,

which had been allowed by the Arbitrator and

that he challenged this by filing Appeal No.93

of 2017 before the Tribunal, which has now

issued the impugned order.

2.

According to him, the Tribunal has

now allowed the Appeal and set aside the order

of the Arbitrator grating permission to the

Society to withdraw the ARC and file a fresh

one; however, leaving them liberty to amend

the existing ARC. He says that this is

WP(C).No.19538 OF 2019 3

unnecessary and that even if the Society

wanted to amend the ARC, they ought to have

moved an application before the Arbitrator and

the said Authority should have been left

liberty to consider the same in terms of la

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