SINNY JOSHY Vs. KERALA KARSHAKA SAHAKARANA FEDERATION LTD

JUDGEMENT

(1.) Is court fee payable on the memorandum of Cross Objection filed to an Appeal before the Kerala Co-operative Tribunal This is the short question that arises for consideration in this writ petition. The petitioner had obtained an Award in a monetary dispute on the file of the Joint Registrar of Co-operative Societies (Marketing). The respondent preferred Ext.P1 memorandum of Appeal under Section 82 of the Kerala Cooperative Societies Act 1969 (the 'Act' for short). The petitioner filed Ext.P2 memorandum of Cross Objection in so far as the Joint Registrar had negatived his claim. The Kerala Co-operative Tribunal has by Ext.P3 order returned the memorandum of Cross Objection with a direction to resubmit it with the prescribed court fee. The said order returning the memorandum of Cross Objection is impugned in this writ petition. The petitioner contends that neither the Act nor the rules framed thereunder warrant the levy of court fee on the memorandum of Cross Objection. The counsel further submits that such imposition of court fee is without any authority of law and violative of Article 265 of the Constitution of India.

(2.) Section 82 of the Act deals the right of appeal of any person, aggrieved to the tribunal constituted under Section 81 of the Act. Rule 123 of the Kerala Co-operative Societies Rules, 1969 (the 'Rules' for short) stipulates the rate of court fee payable in an appeal under Section 82 of the Act in regard to disputes. Rule 108 of the Rules deals with the procedure for filing the memorandum of Cross Objection and is extracted herein below: