C.G. VARGHESE AND OTHERS Vs. THIRUVALLA CO

JUDGEMENT

(1.) Interesting legal question arising for decision is whether an award, passed by an Arbitrator under Section 70 of the Kerala Co-operative Societies Act, 1969 (in short, "the Act"), being a deemed decree under Section 76(a), can be executed through a civil court which had no jurisdiction to pass a decree in a suit for such a claim at the time when the proceedings were initiated?

(2.) Heard the learned counsel for the petitioners and the respondent.

(3.) Petitioners are the judgment debtors who suffered an award passed by the Arbitrator at the instance of the respondent society. The award was passed on 27.08.2001. The sum involved in the award was Rs. 4,75,121/-. At the time of passing the award, as per Section 11(2) of the Kerala Civil Courts Act, 1957, the Munsiff's Court (executing court) could have entertained a suit upto a pecuniary limit of Rs. 1,00,000/- only. It is contended by the petitioners that Ext.P1 execution petition preferred before the Munsiff's Court, Ranni on the last day of limitation is incompetent. Hence the petitioners prayed for directing the executing court to desist from executing the award.