T V SUNDARAM IYENGAR AND SONS CALICUT Vs. CANNANORE DISTRICT WHOLESALE CO OPERATIVE CONSUMER STORES LIMITED

JUDGEMENT

(1.) The petitioner in O.P. No. 8055 of 1990 - H has preferred this Writ Appeal against the judgment dated 12.10.1990 by which the awards under Exts. P11 and P12 by the Assistant Registrar Cooperative Societies (General), Cannanore and the Kerala Cooperative Tribunal, Trivandrum were upheld and the petitioner / appellant and the second respondent have been directed to pay a sum of Rs. 91,048/- with 18% interest per annum with effect from 18.11.1982 until realisation to the Cannanore District Wholesale Cooperative Consumer Stores Ltd., (for short, the Consumer Stores).

(2.) The Consumer Stores was established to do the business of distributing consumer items to the public. It placed an order for the supply of a vehicle with the second respondent herein (M/s. C.C. Automobiles Ltd., Calicut) which was necessary for transporting the consumer items. The first respondent (the Consumer Stores) placed its order for a mini lorry with the second respondent and paid an advance of Rs. 3000/- and afterwards remitted Rs. 88,048/- by cheque on 18.11.1982. The second respondent, thereafter, informed the first respondent that they would transfer the amount to the principal dealer of the vehicles, namely, petitioner / appellant for supply of the van, by their letter dated 23.11.1982. But, inspite of the payment in full the petitioner / appellant failed to supply the Van to the first respondent. The first respondent being a Cooperative Institution filed a petition before the Assistant Registrar of Cooperative Societies (General), Cannanore - 3rd respondent - under S.69 of the 'Kerala Cooperative Societies Act, 1969 (for short, the Act) making a claim for the aforesaid amount with interest from the second respondent. During the course of hearing, the petitioner / appellant was impleaded as a party on the allegation of the second respondent that the amount was due from the petitioner / appellant.

(3.) The third respondent Assistant Registrar of Cooperative Societies (General) Cannanore - allowed the petition and held that the petitioner / appellant and the second respondent are jointly and severally liable to pay the amount. The petitioner / appellant filed an appeal before the 4th respondent - The Kerala Cooperative Tribunal, Trivandrum - challenging the above decision as well as the jurisdiction of the third respondent to decide the dispute under S.69 of the Act. The Tribunal confirmed the award of the 3rd respondent and further held that the third respondent had the jurisdiction to decide this dispute. With the above observation, the appeal was dismissed by Ext. P12 judgment.