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1949 Supreme(Gau) 18

LODGE, THADANI, RAM LABHAYA
Inspector of Co. operative Societies, Jorhat Circle – Appellant
Versus
Golok Chandra Khaund – Respondent


Advocates Appeared:
Purnendu Chaudhuri, S.K.Ghose, G.Barua , Sj.Bhatesh Chandra Barui

Lodge C. J-_This is an appeal from a judg­ment and decree of the Additional Subordinate Judge, Assam Jalley Districts, delivered at Jorhat. The suit was instituted by one Balodev Khaund in the following circumstances. A society, known as the Bangala Pukhuri Gaolia Bank, was formed and was registered on 27th October 1913, under the Co-operative Societies Act (II [2] of 1912). Balodev Khaund was elected Chairman of the Society at a general meeting held on 27th August 1922, and continued to hold that office until 1934, except for a short interval. In 1934, a defalcation amounting to RS. 24,433-9 7 was detect­ed. On 2lst June 1933, the Managing Committee at meeting held that Rs. 13,768-6-3 was due from the ex. Chairman, Balodev Khaund, and passed a resolution to that effect, claiming the money from him. Thereafter the Managing Committee made a refence to the Registrar of Co-operative Societies for arbitration under cls. (l) and (2) of R. 32. The Assistant Registrar made an award to the effect that Rs. 13,768-6-3 was due from the ex-Chairman, who appealed against the award; but was unsuccessful in his appeal. Thereupon Balodev instituted a suit, being Suit No. 11 of 1938, to set aside t















































































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