THAJUDDIN SHAMEER Vs. SECRETARY COASTAL URBAN COOP BANK LTD
HIGH COURT OF KERALA
SECRETARY COASTAL URBAN COOP BANK LTD
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(1.) The point to be decided in this O.P. is whether there is any time limit for filing a Revision Petition before the Kerala Cooperative Tribunal under S.84 of the Kerala Cooperative Societies Act. The brief facts of the case are the following:
(2.) The petitioners are the members of the Coastal Urban Cooperative Bank Ltd. No.3036, Kollam. They have availed loans from the said Bank. They committed default in paying the amounts due under the loans. Therefore, the Bank moved the arbitrator and Exts.P1 and P1(a) have been passed in favour of the Bank and against the petitioners. The respondents in the arbitration case filed R.P. Nos.236/2002 and 235/2002 before the Kerala Cooperative Tribunal under S.84 of the Kerala Cooperative Societies Act. Those Revision Petitions were filed after a delay of one year and four months and two years and five months respectively. Therefore, the Tribunal dismissed the Revision Petitions as barred by limitation by Exts.P2 and P2(a) orders. This Original Petition is filed challenging those orders.
(3.) The petitioners submit that the Act does not prescribe any period of limitation and therefore, they can move the Tribunal at any time, according to their convenience. The 1st respondent has filed a counter affidavit, supporting the impugned order. It is submitted that since no petitions to condone the delay have been filed, in view of the Full Bench decision of this Court relied on by the Tribunal, the Revision Petitions were rightly rejected.;
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