LAWS(KER)-2011-3-446

THE KERALA STATE CO-OPERATIVE RUBBER Vs. THE CO-OPERATIVE ARBITRATION COURT AND SMT. LEELAMMA AUGUSTINE, JUNIOR

Decided On March 04, 2011
The Kerala State Co -Operative Rubber Appellant
V/S
The Co -Operative Arbitration Court And Smt. Leelamma Augustine, Junior Respondents

JUDGEMENT

(1.) PETITIONER challenges Ext.P3 award rendered by the 1st Respondent. The facts of the case are that the 2nd Respondent filed Ext.P1 plaint before the 1st Respondent, which was registered as ARC 8/09. The prayers in the plaint are as follows:

(2.) IN the ARC, Petitioner filed Ext.P2 application raising a preliminary objection regarding the maintainability of Ext.P1. According to the Petitioner, the claim ought to have been raised only under Section 69 of the Kerala Co -operative Societies Act and not by way of plaint before the 1st Respondent. This contention of the Petitioner was considered and and was rejected by Ext.P3. It is Ext.P3 order, which is under challenge.