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1991 Supreme(Ker) 291

PARIPOORNAN, K.A.NAYAR
John – Appellant
Versus
Nalumakkal Service Co-operative Bank Ltd. – Respondent


Judgment :-

K.A. Nayar, J.

This writ appeal is against the judgement in O.P.883/89 by which the learned Single Judge held that the provision of Rule 67(1) of the Kerala Co-operative Societies Rules, 1969 in so far as it requires the production of a certified copy of the resolution of the Board of directors of the Co-operative Society along with the application for reference of dispute for arbitration is only directory and, therefore, the Tribunal went wrong in dismissing the application on the ground of non-production of the certified copy of the resolution. The appellant, who was an attender under the first respondent society was sought to be made liable by the society for misappropriation of certain amount and hence the first respondent filed A.R.C. 100/84 seeking relief against the appellant and respondents 2 and 3. Along with the application for reference of dispute to the Joint Registrar, the 1st respondent society did not produce the certified copy of the resolution adopted by the committee resolving to file the arbitration petition. The appellant contended that in the absence of certified copy of the resolution mentioned in Rule 67 of the Co-operative Societies Rules, the Arb




















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