TIMMANNA VISHWESHWAR BHAT Vs. VAJRAVALLI VILLAGE VYAVASAYA SAHAKAR SANGH LTD
LAWS(KAR)-1969-9-13
HIGH COURT OF KARNATAKA
Decided on September 01,1969

TIMMANNA VISHWESHWAR BHAT Appellant
VERSUS
VAJRAVALLI VILLAGE VYAVASAYA SAHAKAR SANGH LTD. Respondents

JUDGEMENT

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 that award.
(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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