Co-operative Societies Act, 1969 (Kerala) – Section 82 – Limitation for filing appeal – Co-operative Societies Rules, 1969 (Kerala) – Rule 68 (post-2000 amendment) – Rule 98 – Starting point of limitation – Whether time taken for obtaining certified copy of award to be excluded.
Kerala High Court
Hon’ble Mr. Justice K. Babu
W.P. (C) No. 10253 of 2025; 30th June 2025
Held: The Kerala Co-operative Tribunal erred in dismissing the appeal as time-barred by applying the pre-amended Rule 68 and the decision in C.K. Damodaran v. Kerala Co-operative Tribunal (1980 KLT 520). Post-2000 amendment to Rule 68 mandates that a copy of the award be sent to the parties by registered post, irrespective of their presence at the time of pronouncement. Rule 98 requires a certified copy of the award to be filed with the appeal. Therefore, the time taken to deliver the certified copy of the award must be excluded when calculating the limitation period for filing an appeal under Section 82. The Tribunal’s order (Ext.P4) was set aside, and the matter was remitted for fresh consideration. Coercive proceedings against the petitioner were deferred until the Tribunal’s decision.
