J U D G M E N T

1.The writ petitioner, who is a cooperative society, filed ARC No.1/2002, an arbitration case under Section 69 of the Kerala Co-operative Societies Act r/w Rule 67 of the Kerala Co-operative Societies Rules, before the Deputy Director Dairy, Civil Station, Kakkanad, Ernakulam, against the first respondent for recovery of ₹

a sum of 1,04,493.90/- from 01.04.1999. The first respondent was the former Secretary-in-charge of the society. Aggrieved by Ext.P3 award in arbitration, the first respondent filed Appeal No.48/2009 before the Kerala Cooperative Tribunal, Thiruvananthapuram. In the appeal, additional evidence was adduced on the side of the appellant/first respondent herein. This was accepted by the Tribunal by Ext.P8 with a rider that the question as to the acceptance of additional evidence shall be decided at the final hearing of the appeal on merits.

2.It appears from Ext.P8 order that the relevancy of those additional documents to be decided by the tribunal at the final hearing. The tribunal, while considering the appeal, opined that those documents are necessary for disposal of the appeal and accordingly, received those documents as additional evidence and marke