Dinamithra Gedara Upali Jayakoddy v. W.M.P.K. Weerasekara et al. – CA PHC 150/15-2021

In the case between Dinamithra Gedara Upali Jayakoddy (Petitioner-Appellant) and W.M.P.K. Weerasekara, Commissioner of Cooperative Development and Registrar (Central Province), Kundasale Multi-Purpose Cooperative Society Limited, and R.K. Chandrakanthi, Arbitrator (Respondents), the court addressed the legality and application of Rule 49 (xii) (a) and (b) of the Co-operative Societies Rules 1973, particularly regarding the requirement for an appeal deposit before the Commissioner for appeals against arbitration awards. It was held that the refusal to entertain the petitioner’s appeal by reason of non-payment of the required deposit was legally justified. The court reaffirmed the principle that procedural rules enacted under statutory authority, unless conclusively determined to be ultra vi

REF: CA PHC 150/15-2021 Category: Tag:
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