AI Structured Summary
Not yet generated for this judgment
Judgment
K. Chandru, J.—It is a frivolous writ petition filed by the Petitioner challenging the auction notice given by the Respondents in bringing the property to auction. It is the admitted case of the Petitioner that he has availed loan from the second Respondent society and due to default in payment, an arbitration was conducted u/s 90 of the Tamil Nadu Co-operative Societies Act. The arbitrator has decreed the arbitration.
The Petitioner aggrieved by the arbitration award has filed an appeal u/s 152 before the Special Co-operative Tribunal. The said appeal in C.M.A.(C.S) No. 15 of 2009 is still pending. It is not clear from the affidavit whether the Petitioner sought for any interim direction before the Tribunal and there is no reference about any such interim application is filed.
It is needless to state that the said Tribunal is presided by the Senior District Judge, who is also empowered to grant appropriate interim orders and there is no pre condition to deposit under the Act. The Petitioner who failed to get any interim order has to face the consequences namely the authorities are entitled to invoke the executive machinery provided under the Act more particularly Section 167 r/w Chapter 10 of the Tamil Nadu Co-operative Societies Rules, 1988. when The Petitioner failed to avail the remedy of appeal before the District Court and seek for an interim order, this Court cannot entertain the writ petition under Article 226 of the Constitution of India.
The Petitioner is well advised to seek appropriate remedy before the same Tribunal before which substantial appeal is pending. It is Subordinate forum. Under these circumstances, the writ petition is misconceived and bereft of merits. Accordingly, the writ petition stands dismissed. Consequently, connected miscellaneous petition is closed.
However, there shall be no order as to costs.