Kerala High Court
Perumbavoor Urban Service Co-Perative ... vs State Of Kerala on 2 November, 2017
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 4TH DAY OF JULY 2018 / 13TH ASHADHA, 1940
WP(C).No. 20073 of 2018
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PETITIONERS :
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PERUMBAVOOR URBAN SERVICE CO-PERATIVE SOCIETY LTD.NO.2024
T.B ROAD, PERUMBAVOOR P.O. PIN- 683 542
REPRESENTED BY ITS SECRETARY, BEEVIJA P.H.
BY ADV.SRI.DINESH MATHEW J.MURICKEN
RESPONDENTS:
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1. STATE OF KERALA
SECRETARY TO GOVERNMENT (CO-OPERATION), SECRETARIAT,
THIRUVANANTHAPURAM, PALAYAM P.O. PIN- 695 033
2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
ERNAKULAM, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, CHITTOOR ROAD, VALANJAMBALAM, KOCHI- 682 016
3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KUNNATHUNADU, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, KUNNATHUNADU, PERUMBAVOOR P.O.
PIN-683 542
4. A.S. AJI
S/O SULAIMAN, AMBADAN HOUSE, VALLAM ,
RAYONPURAM P.O. ERNAKULAM DISTRICT, PINCODE-683 543
5. SULAIMAN,
S/O.HYDROSE,AMBADAN HOUSE,VALLAM,RAYONPURAM.P.O,
ERNAKULAM DISTRICT,PINCODE-683543.
R BY SR.GOVERNMENT PLEADER SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-07-
2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20073 of 2018 (H)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBITP1 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1777/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBITP2 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1783/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBITP3 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1789/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBIT P4 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1795/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBITP5 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1801/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBITP6 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.1807/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 02-11-2017
EXHIBITP7 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2143/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP8 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2149/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP9 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2155/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP10 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2161/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBTP11 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2167/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP12 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2173/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP13 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2179/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
WP(C).No. 20073 of 2018 (H) :2:
EXHIBIT P14 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2185/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP15 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2199/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP16 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2204/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBTP17 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2207/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBTIP18 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2212/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBIT P19 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2218/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBIT P20 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2221/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBITP21 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2224/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
EXHIBIT P22 TRUE COPY OF PETITION IN ARBITRATION CASE
NO.2228/2017 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10-11-2017
RESPONDENTS' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV/5/7
ANIL K.NARENDRAN, J.
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W.P.(C).No.20073 of 2018
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Dated this the 4th day of July, 2018
JUDGMENT
The petitioner, which is a Society registered under the provisions of the Kerala Co-operative Societies Act, 1969, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Assistant Registrar of Co- operative Societies to dispose of Exts.P1 to P22 arbitration cases filed under Section 69 of the Act, as early as possible. It is alleged in the writ petition that the said arbitration cases are now pending before the 3rd respondent even without issuing notice to respondents 4 and 5, who are the defendants in those cases.
2. On 19.06.2018, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions and accordingly, the matter is listed today for further consideration.
3. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1 to 3. Considering the nature of relief proposed to be granted, service of notice on respondents 4 and 5 is dispensed with.
4. The learned Senior Government Pleader on instructions would submit that the 3rd respondent Assistant Registrar shall finally dispose of Exts.P1 to P22 arbitration cases, as expeditiously as possible, within a period of six months from the date of receipt of a certified copy of this W.P.(C)No.20073 of 2018 :-2-:
judgment.
5. As per sub-section (1) of Section 69 of the Kerala Co-operative Societies Act, monetary dispute between the society and a member of that society shall be referred to the Registrar, who shall decide that dispute and no other court or authority shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.
6. In John Mathew v. Assistant Registrar of Co-operative Societies (General), Adoor and Others [2018 (3) KHC 373], this Court held that the Registrar or any other person conferred with the powers of the Registrar under Section 69 of the Act is only a quasi- judicial authority and not a court. In such circumstances, the schedule to the Limitation Act, 1963 which prescribes the period of limitation only to proceedings in courts have no application to proceedings under Section 69 of the Act before the Arbitrator.
7. As per Kerala Co-operative Societies (Amendment) Act, 2013 sub-section (4) was inserted to Section 69 of the Act, which provides that all monetary disputes mentioned in Schedule III of the Act shall be filed within the time limit specified in that schedule.
Having considered the submissions made by the learned counsel for the petitioner and also the learned Senior Government Pleader, this writ petition is disposed of by directing the 3 rd respondent Assistant Registrar to take necessary steps to list Exts.P1 to P22 arbitration cases W.P.(C)No.20073 of 2018 :-3-:
and decide the question of issuance of notice to the defendants therein, within ten days from the date of receipt of a certified copy of this judgment. Thereafter, the arbitration cases shall be finally disposed of by the 3rd respondent, as expeditiously as possible, at any rate, within a period of six months from the date of appearance of the defendants therein.
Sd/-
ANIL K.NARENDRAN JUDGE AV/9/7