IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WA.No. 1439 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23188/2011 Dated 29/08/2011 .................... APPELLANT(S): / PETITIONERS -------------- 1. THE PRESIDENT, NADUVANNUR REGIONAL CO-OPERATIVE BANK LTD. NO.F 1269. 2. THE SECRETARY, NADUVANNUR REGIONAL CO-OPERATIVE BANK LTD. NO.F 1269. BY ADV. SRI.SANTHARAM.P SMT.REKHA ARAVIND RESPONDENT(S): / RESPONDENTS --------------- 1. THE REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, STATUE, THIRUVANANTHAPURAM - 1. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) SAHAKARANA BHAVAN PUTHIYARA.P.O., KOZHIKODE - 4. 3. JUNIOR CO-OPERATIVE INSPECTOR/ SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OP. BANK, KOZHIKODE - 673 002. 4. THE GENERAL MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO.F 1635, PIN - 673 002. BY SR. GOVERNMENT PLEADER, MR.D.SOMASUNDARAM MR.P.V.KUNHIKRISHNAN FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A.No.1439 of 2011 .................................................................... Dated this the 4th day of October, 2011. J U D G M E N T Ramachandran Nair, J. The appellants are President and Secretary of a Co- operative Society which borrowed fund from the central society, namely the District Co-operative Bank. On appellants' failure to repay the loans arbitration proceedings under Section 69 of the Co-operative Societies Act was initiated before the Joint Registrar of Co-operative Societies. The Joint Registrar delegated his powers to the 3rd respondent, who determined the liability. Against the award, the appellants filed appeal before the Tribunal and the Tribunal granted relief by way of reduction in interest. It was against this order of the Tribunal, the appellants approached this Court with WP(C). The learned Single Judge found no merit in appellants' challenge which is only technical in the sense that the authority to which arbitration was delegated did not have W.A.No.1439/2011 2 jurisdiction under the Co-operative Societies Rules. Before us, the appellants' counsel raised the same contention that the 3rd respondent has no jurisdiction to decide the matter. However, on our specific enquiry as to whether appellants have denied liability or whether interest refixed by the Tribunal is excessive or arbitrary, the appellants have no such case on merits. We do not think a technical objection like this should be sustained because appellants, borrowers from the Central Society, are bound to honour the commitment i.e. repayment of the loan without even insisting to institute arbitration proceedings. Both the appellants and the 4th respondent Society are constituted and run under the provisions of the same Act and the objectives are also mutually complementary. We do not think there is any justification to entertain a dispute between these two societies on mere technicality, more so when a dispute of this nature could be settled by verification of the accounts, and the adjudication in our view is only clerical involving no skill. Consequently, we find no merit in the Writ W.A.No.1439/2011 3 Appeal and the same is accordingly dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg