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1957 Supreme(Bom) 22

SHAH, GOKHALE
Savitra Khandu Beradi – Appellant
Versus
Nagar Agricultural Sale and Purchase Co-operative Society Ltd. , Ahmednagar – Respondent


Advocates:
V.M. Tarkunde with M.A. Rane, for Petitioner; Y.V. Chandrachud, for Respondent No. 1.

Judgement

SHAH, J. :- The Nagar Agricultural Sale and Purchase Co-operative Society, which we will hereafter refer to as "the Society", is registered under the Bombay Co-operative Societies Act. The Society carries on business in fruits on commission basis. Savitra Khandu Berad, whom we will hereafter refer to as "the petitioner", was a member of the Society and was also an Honorary Secretary of the Society from March 1947 to September 1947. As an office bearer the petitioner could not undertake any business of the Society in his own name. He, however, carried on the business of the Society in the name of one Pawle. This Pawle purchased fruits from the Society and sold them at Bombay for and on behalf of the petitioner. The petitioner then passed an agreement on 15th September 1948, whereby he covenanted to pay Rs. 1,051/5/6 which were found due from Pawle. On 21st and 22nd February. 1949, the petitioner paid Rs. 240/- and Rs. 200/- respectively in part satisfaction of his liability, and the balance of Rs. 611/5/6 with interest thereon remained due. As the petitioner did not pay the amount, the Society applied on 29th November. 1952 to the Assistant Registrar of Co-operative Societi



































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