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1993 Supreme(Ker) 465

G.H.GUTTAL
Fazaluddin Haque A – Appellant
Versus
The State Of Kerala – Respondent


JUDGMENT

1. The Kerala State Handloom Weavers, Cooperative Society Limited (Hantex for short) is a central society as defined in S.2 (d) of the Kerala Cooperative Societies Act, hereinafter referred to as the Act. Hantex is the respondent No.4 in O.P. 16559/1992 and respondent No. 2 in O. P. 16672/1992. The petitioner in O. P. 16559/92 is a member of the Paroor North Handloom Weavers, Cooperative Society Ltd., Kollam. The petitioners Nos. 1 and 2 in O. P. 16672/92 are members of two other primary societies affiliated to Hantex. The respondent No. 1 in both the petitions is the State of Kerala. The Registrar of Cooperative Societies is the respondent No. 2 in O. P. 16559/92. The respondent Nos. 5 to 10. in O. P. 16559/92 and respondent Nos. 3 to 9 in O. P. 16672/92 are members of the Board of Directors appointed by the Government of Kerala by the G. O. (Rt.) No. 1127/92/ID, dated 24th November 1992 (Ext. P-2 in O. P. 16559/92 and Ext. P-3 to O. P. 16672/92). By notification No. 394/C2/ID, dated 3rd October 1992. (Ext. P-1 to O. P. 16559/92 and Ext. P-1 to O. P. 16672/92) purportedly issued under S.101 of the Act, the Government of Kerala "exempted" Hantex from the provisions of S.28,















































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