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Kerala High Court · body

2008 DIGILAW 190 (KER)

T. Lakshmanan v. Kanhirode Weavers Co-Op.

2008-03-12

THOTTATHIL B.RADHAKRISHNAN

body2008
Judgment : 1. The first respondent obtained an arbitration award against the petitioner under the Kerala Cooperative Societies Act. The petitioner carried an appeal against it. The Co-operative Tribunal set aside the award holding that arbitration was not maintainable as the dispute between the parties was not one touching the business of the society. 2. However, in penultimate sentence of the impugned Ext.P2 order, the Tribunal stated as follows: 3. This writ petition is filed against the aforesaid statement of the Tribunal in Ext.P2. “Since the plaintiff was under the belief that ARC is maintainable plaintiff can approach the civil court, within 30 days of receipt of a copy of the judgment.” 4. The learned counsel for the petitioner submitted that the Tribunal cannot fix any time limit and the prescription of 30 days for the plaintiff to approach the civil court is superfluous and without authority and jurisdiction. 5. The learned counsel for the first respondent submitted that within the time limit stated in Ext.P2, a plaint has been presented. 6. The periods of limitation for suits are prescribed in the Limitation Act. Such time limit cannot be extended or curbed by the Tribunal. If the suit filed by the first respondent is within time, the same will be decided accordingly. Any benefit available to the plaintiff by virtue of the provisions of the Limitation Act providing for exclusion etc. would also be available as may be decided upon by the civil court, trying the suit. It is not within the domain of the Tribunal to authorize the institution of a civil suit within any period. The impugned provision in Ext.P2 order of the Tribunal, if understood to be one so, it runs against the mandate of law. 7. For the aforesaid reasons, the penultimate sentence in Ext.P2 is without authority. In the result, the same is quashed and the writ petition is allowed without prejudice to the right of the petitioner to place all contentions before the competent authority.