KODAGU COFFEE GROWERS CO-OPERATIVE SOCIETY LTD., COFFEE KRUPA, PB NO. 24, MADIKERI TOWN, KODAGU, REP. BY ITS MANAGING DIRECTOR Vs. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, PALACE BUILDINGS, MYSORE, SMT. M.M. PORMAMMA, W/O LA

JUDGEMENT

(1.) TOUGH this matter is listed for preliminary hearing, having regard to the nature of dispute raised and with the consent of learned counsel for both parties, the case is heard for final disposal. Petitioner is a co -operative society registered under the Karnataka Co -operative Societies Act, 1959. Its membership is open for coffee growers in Kodagu District. During 1994 -95, petitioner -Society has suffered an order from the Assistant Registrar of Co -operative Societies who is also a departmental arbitrator in the arbitration proceedings bearing No.DRI/537/2002 -03 whereunder the arbitrator has held that the 2nd respondent herein who had filed the dispute was entitled for a sum of Rs.36,264/ - along with interest at 6% till the date of realisation of the said amount from the petitioner -Society towards the amount invested in fixed deposit in connection with the sale of coffee seeds.

(2.) THE main contention of the petitioner is that the impugned order is passed without assigning any reasons and that the petitioner was not at all given a fair and reasonable opportunity to lead its evidence by producing necessary documents. It is his further contention that even the Appellate Authority, the Tribunal has simply brushed aside: this contention of the petitioner holding that the petitioner was given ample opportunity by the arbitrator but they failed to avail the same.

(3.) LEARNED counsel appearing for the contesting respondent supports the orders under challenge. He contends that despite ample opportunity provided to the petitioner, they have not produced any documents in support of their defence, therefore, this Court need not interfere in exercise of the writ jurisdiction.