NATIONAL CO-OPERATIVE CONSUMERS FEDERATION OF INDIA LTD Vs. STATE OF KERALA; REGISTRAR OF CO-OPERATIVE SOCIETIES; JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES; KERALA CO-OPERATIVE TRIBUNAL; TRIVANDRUM CO-OPERATIVE DISTRICT WHOLESALE SOCIETY LTD

JUDGEMENT

(1.) This writ petition is filed by the petitioner Federation, seeking to quash Ext.P7 order passed by the 4th respondent Tribunal, whereby the Tribunal has set aside the award passed in A.R.C No.2/1992 passed by the 3rd respondent and remanded the matter for fresh consideration. Material facts for the disposal of the writ petition are thus:

(2.) Petitioner filed A.R.C No.2/1992 before the 2nd respondent under Sec.69 of the Kerala Co-operative Societies Act read with Rule 67 of the Kerala Co-operative Societies Rules, 1969 [hereinafter called 'the Act and the Rules'], seeking an award against the 5th respondent society for an amount of Rs.7,42,556.36 together with future interest at the rate of 17=% per annum. Fifth respondent has filed a preliminary objection with respect to the maintainability of the Arbitration Proceedings contending that the Kerala Co- operative Societies Act is not applicable to the petitioner and therefore the arbitration proceedings cannot be maintained under law. The 3rd respondent, Joint Registrar of Co-operative Societies, Ernakulam, to whom the case has been transferred by the 2nd respondent, as per the interim order dated 29.09.1993 rejected the preliminary objection and held that the arbitration proceedings is maintainable, after holding that a dispute between the creditor and a society can be referred to arbitration for realization of the dues of the society from the 5th respondent. However, no objection was raised by the 5th respondent with respect to the merits of the claim raised by the petitioner.

(3.) Thereafter, the 3rd respondent passed an award, directing the 1st respondent to pay to the petitioner an amount of Rs.5,01,428.27 together with a sum of Rs.500/- towards cost of arbitration, with future interest. The 5th respondent did not file any appeal from the said award and thus the award became legally enforceable. Thereafter, the 5th respondent filed a petition purported to be a revision before the 4th respondent Tribunal as R.P.No.116 of 1998. The Tribunal by Ext.P5 order dated 19.04.2001 allowed the Revision Petition and set aside the award of the Joint Registrar and dismissed A.R.C No.2/1992 filed by the petitioner. The Tribunal held that under Sec.74(1) of the Multi-State Co-operative Societies Act, 1984, all disputes in which a National Co-operative Society is a party should be referred to Central Registrar or any other officer empowered to exercise the powers of the Central Registrar, and the claim instituted under Sec.69 of the Act is not maintainable in law.