2007 (5) TMI 675

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....br>KERALA HIGH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 24-5-2007<br>W.A. No. 1202 OF 2007 - -<br>Indian Laws<br>H.L. DATTU AND K.T. SANKARAN, JJ. APPELLANT BY: ADV. SRI.BABU KARUKAPADATH RESPONDENTS BY: SPL. GOVERNMENT PLEADER FOR CO-OPERATIVE SOCIETIES, SMT. A.G. ANITHA. JUDGMENT H.L. Dattu, J. The 4 th respondent in the Writ Petition No. 10082 of 2007 is the appella....

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....ing respondent was the petitioner in the Writ Petition No. 10082 of 2007. The relief sought for in the Writ Petition was to direct the appellant to disburse the amount as per Exts. P1(a) to P1(e) with interest. Those exhibits are fixed deposit receipts. 4. The learned single Judge while entertaining the Writ Petition has granted the interim prayer, as sought for, by the contesting respondent in....

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....the main relief itself cannot be granted by this court and that the learned single Judge ought not to have granted the interim prayer. 7. Par contra, learned counsel for the contesting respondent would submit that the deposit so made by the contesting respondent with the appellant&#39;s society was a short term deposit and since the request for refund of that money was not acceded by the appell....

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.... society. In our opinion, the first and foremost, the learned single Judge could not have entertained the Writ Petition when alternative and efficacious remedies are available for the contesting respondent. Apart from that, Section 69 of the Act provides itself that the dispute between the parties has to be resolved by filing appropriate dispute before the Registrar of the Co-operative Societies. ....