TIMMANNA VISHWESHWAR BHAT Vs. VAJRAVALLI VILLAGE VYAVASAYA SAHAKAR SANGH LTD
HIGH COURT OF KARNATAKA
TIMMANNA VISHWESHWAR BHAT
VAJRAVALLI VILLAGE VYAVASAYA SAHAKAR SANGH LTD.
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CHANDRASHEKHAR, J. -
(1.)The petitioners have prayed for quashing the award of the Arbitrator
to whom a dispute was referred under S.70 of the Mysore Co-operative
Societies Act, 1959 (hereinafter referred to as the Mysore Co-operative
Appellate Tribunal) (hereinafter referred to as the Tribunal) affirming
(2.)The petitioners are the heirs of one Thimmanna Bhatta who was the
Secretary of respondent 1 society. That society made a claim against the
petitioners for recovery of monies alleged to have been borrowed by
Thimmanna Bhatta. According to the society, Thimmanna Bhatta had
borrowed Rs. 1000 and Rs. 2500 on 16-7-1960 and 21-7-1960 respectively
mortgaging his properties. The Arbitrator made an award in favour of the
society, and that award was affirmed by the Tribunal.
(3.)Mr. K. S. Savanur, learned Counsel for the petitioners assailed the
award of the Arbitrartor and the appellate judgment of the Tribunal
oh the following grounds:
(i) The time limit for making a reference of the dispute under S.70 of
the Act had expired;
(ii) The Arbitrator did not give reasonable opportunity to the petitioners to put forth their
case and hence there was violation of principles
of natural justice; and
(iii) The Registrar should have directed respondent 1 society to bring
a regular suit in a Civil Court under S.71 (4) of the Act.
Elucidating the first contention, Mr. Savanur argued that under the
proviso to sub-rule (2) of Rule 31 of the Mysore Co-operative Societies
Rules, the period of limitation for referring to the Registrar a dispute between
a Co-operative Society and the heirs of a deceased officer of that
society, is only two years from the date of any act or omission
with reference to which the dispute arises and that as the bonds in question were
stated to have been executed by Thimmanna Bhatta in the year 1960, the
reference of that dispute to the Registrar in the year 1964 was time barred.
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