JUDGMENT - BOBDE S.A., J.:---This writ petition is preferred by Shriram Dhonduji Raut against the judgment and order of the Maharashtra State Co-operative Appellate Court, Nagpur Bench, Nagpur, dated 26-9-1990. By the impugned judgment and order, the Appellate Court has held the petitioner liable to pay to the respondent No. 1 Bahu Uddesiya Sahakari Sanstha Virsi, a Co-operative Society, an amount of Rs. 62,541.87 together with interest at 16% per annum from 15-2-1983 till full realisation.

2. The facts in brief are that the petitioner was appointed as the Manager of cloth section on 14-10-1979. He was put incharge of the cloth shop of the society at a small village called Shendurwafa. The entire stocks of cloth in the shop was in his charge and custody. During the yearly verification of stocks of the shop, the Auditor found that there was a discrepancy in the stocks. This was in the course of the audit of the co-operative society in the year 1981-82. The Auditor, therefore, referred the matter to the Managing Committee. The Managing Committee verified the stock position and came to the conclusion on 31-1-1983 that the stocks of the value of Rs. 52,541.87 was short and missing. The

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