P Z PAULOSE Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) The petitioner- the third defendant in ARC.392/2002 pending before the I st respondent- the arbitrator, filed this original petition for the issue of a writ of certiorari or an order quashing the above proceedings in ARC.392/2002 and for a declaration that the first respondent has no jurisdiction to proceed with the above arbitration proceedings.

(2.) The petitioner obtained a loan from the 2nd respondent, Bank, the Peoples Urban Co-operative Bank No.51, Tripunithura, and defaulted in repaying the same. The Bank filed ARC.392/2002 before the first respondent for realization of an amount of Rs.2100916.50 u/s.69 of the Co-operative Societies Act. The petitioner raised a contention before the first respondent that the first respondent had no jurisdiction to decide the above matter and the Debt Recovery Tribunal alone had jurisdiction to adjudicate the above claim. As no orders have been passed by the first respondent regarding the above question of jurisdiction, the petitioner filed this original petition for quashing the proceedings and for declaring that the first respondent arbitrator has no jurisdiction to try the claim u/s.69 of the Co-operative Societies Act.

(3.) Heard the learned counsel for the petitioner, the 2nd respondent and the learned Government Pleader.