DEVA RAO Vs. VYAVASAYA SEVA SAHAKARI SANGH PATTAN
LAWS(KAR)-1981-6-18
HIGH COURT OF KARNATAKA
Decided on June 02,1981

DEVA RAO Appellant
VERSUS
VYAVASAYA SEVA SAHAKARI SANGH PATTAN Respondents

JUDGEMENT

- (1.) Issue Rule in W. P. Nos. 4303 to 4305 of 1979. The learned counsel for the parties consented for the disposal of all these three writ petitions along with WP Nos. 6929 and 6930 of 1977.
(2.) In these writ petitions the petitioners have challenged the common order passed by the Karnataka Appellate Tribunal, Bangalore, (to be hereinafter called the 'Appellate Tribunal') dismissing their appeals filed against the award passed by the 3rd respondent in, Disputes Nos. 5526 and 5554/ 1975-76 and Disputes Nos. 5536, 5522 and 5547 /76-77.
(3.) As these five writ petitions give rise to common questions of law, they are heard together and disposed of by a common order. The facts of the case are that, these petitioners were members of the 1st respondent society situate at Pattam village in Gulbarga Taluk. They borrowed various amounts from the 1st respondent society in the year 1972-73. They became defaulters in not paying the instalments due to the society. The 1st respondent society raised disputes in respect of the default of each petitioner. The 3rd respondent was appointed arbitrator to decide the dispute. The 3rd respondent placed them ex parte and passed the awards as per Ex. B and F and B, D and F. They filed appeals under S. 105 of the Karnataka Co-operative Societies Act, 1959 (to be called the 'Act') before the appellate Tribunal challenging the award on various grounds. The Appellate Tribunal dismissed their appeals on the ground that the appeals were barred by time and that there was proper service of notice upon the petitioners and that the awards were based upon evidence, The petitioners have challenged the orders passed by the Appellate Tribunal in appeals and also the awards passed by the Arbitrator against the petitioners.;


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