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1971 Supreme(Kar) 206

A.NARAYANA PAL, M.S.NESARGI
KRISHNARAJA WADAYAR CO-OPERATIVE SOCIETY LTD. – Appellant
Versus
RATNAM GOPALASWAMY IYENGAR – Respondent


NARAYANA PAI, C. J.

( 1 ) THE petitioner is a Co-operative Society and in praying for the quashing of an order made by the Mysore Co-operative Appellate Tribunal, the principal question raised is one of limitation under Rule 31 of the Co-operative Societies Rules. As the appellate Tribunal has rejected the petitioner's (Society's) claim against the respondent on the ground that the same is barred by limitation under the said rule, the Society contends that that rule to the extent it is against its claim in this case is ultra vires and invalid and should therefore be struck down.

( 2 ) THE respondent who was an officer or an employee of the society was sought to be proceeded against under Section 70 of the Co-operative Societies Act for recovery of a sum of Rs. 1092-87 being the value of the sugar found short in the society's stock during the period he was in charge of the sugar section. The period during which the respondent was in charge of the sugar section was from 25-10-1959 to 16-11-1961. The act or omission of the respondent regarding shortage took place some time during that period. The dispute was filed before the Registrar on the 18th of May 1964 i, e. . more than two ye














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