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1990 Supreme(Ker) 286

G.VISWANATHA.IYER
Thrikkadavoor Service Co-op. Society Ltd. – Appellant
Versus
Sivasankara Pillai – Respondent


Judgment :-

Petitioner (the Society, for reference ) is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (the Act). The first respondent was its paid Secretary. Respondents 2 to 9 along with one Paramu (now deceased) were the members of its managing committee (hereinafter referred to as the erstwhile board) from February 18,1973. Fresh election was held to the managing committee on March 21,1976, consequent on which the erstwhile Board had to vacate office in favour of the newly elected members. A joint meeting of the members of the old and new committees was convened to be held on May 16,1976 for the purpose of handing over charge, but the members of the erstwhile Board did not turn up. Another meeting was therefore convened for the purpose on May 26,1976 when again the members of the erstwhile Board tailed to attend. The first respondent Secretary was present, and he agreed to hand over the cash balance a May 28,1976, but, instead of doing so, he locked up the office of the society on the 26th and made himself scarce. All the books and records of the society were with him. The managing committee had therefore to take proceedings in the Magistrat












































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