AVANACHERRY H WACO OP SOCIETY Vs. CHELLAMMA

JUDGEMENT

(1.) The 1st defendant in O.S.No. 9 of 1980 on the files of the Court of Subordinate Judge, Attingal is the appellant in this appeal.

(2.) The suit was for a declaration that an arbitration award was null and void and for a perpetual injunction, restraining the 1st defendant from realising from the assets of the plaintiff any sum in excess of Rs.2,000/- on the strength of the award passed in arbitration proceedings No.5 of 1973.

(3.) The facts leading to the filing of the suit may be summarised as follows:--The 2nd defendant is the son of the plaintiff. First defendant Society was engaged in manufacturing and selling handloom textiles and it had a depot at Neendakara. The 2nd defendant was appointed as a Salesman in the said depot. Plaintiff executed a bond in favour of the 1st defendant Society undertaking to reimburse the society any sum upto the maximum limit of Rs.2,000/-. On the ground of misappropriation, 1st defendant society terminated the service of the 2nd defendant. At the instance of the 1st defendant, a claim against the plaintiff and 2nd defendant was referred to an Arbitrator. The Arbitrator, in Arbitration Case No.5 of 1973 passed an award in favour of 1st defendant for recovery of a sum of Rs.16,721.21 from plaintiff and 2nd defendant. It appears that an appeal filed by the plaintiff and 2nd defendant was dismissed. Plaintiff also appears to have filed an Original Petition, which also ended in dismissal. It is thereafter that the plaintiff filed the above suit for a declaration that the arbitration award was null and void and also for a permanent injunction restraining the 1st defendant from realising from the plaintiff any sum in excess of Rs.2,000/- in execution of the award in the arbitration proceedings No.5 of 1973.