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1983 Supreme(Ker) 78

V.KHALID, V.SIVARAMAN NAIR
MADANAMOHANAN KARTHA – Appellant
Versus
ELAMKULAM SERVICE CO-OP. BANK – Respondent


Judgment :-

1. The petitioner in O.P. No. 6581 of 1982 is the appellant,. The 1st respondent is the Elamkulam Service Co-operative Service Bank Ltd, and the 2nd respondent, the Joint Registrar of Co-operative Societies, Kottayam. The Original Petition was filed challenging the order of the 2nd respondent Ext. P8 dated 29-10-1982 declaring that the petitioner had ceased to be a member of the Board of Directors of the 1st respondent Society with effect from 5-10-1980 under R.44 (1)(c)(i) read with R.44(2)(a) of the Kerala Co-operative Societies Rules, 1969. The Original Petition was dismissed in limine. Hence this appeal.

2. Shorn of the unnecessary details, the facts necessary for disposal of this appeal are as hereunder. The petitioner was elected to the Board of the 1st respondent in June 1980. He assumed office on 1-7-1980. He had stood a surety in respect of a chitty subscribed by one P. M. Mathew. The amount payable to the 1st respondent Society under the surety bond had to be paid on or before 4-10-1980 including the three months grace period. The amount was in default and was paid only on 23-12-1981. This led to Ext. P4 notice from the 1st respondent calling upon the appellant























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