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1990 Supreme(Ker) 545

K.T.THOMAS
Malunnakkal Service Co Op Bank Ltd. – Appellant
Versus
P V John – Respondent


JUDGMENT

K.T. Thomas, J.

1. Petitioner is a Cooperative Bank (for short 'the Bank'). A claim was made by the Bank against respondents 1 to 3, principally against 1st respondent, for a certain sum of money. An award was passed by the Deputy Registrar (Audit) who was appointed as the arbitrator to decide the dispute raised under S.69 of the Kerala Cooperative Societies Act, 1969 (for short 'the Act'), allowing the Bank to realise the sum claimed with interest at 12% per annum. Respondents filed a revision before the Kerala Cooperative Tribunal (for short 'the Tribunal') under S.84 of the Act, challenging the award. The Tribunal set aside the award by Ext. P1 order which is challenged by the Bank in this Original Petition filed under Art.226 of the Constitution.

2. The 1st respondent was holding the post of attender in the Bank. He was placed in charge of sales section for a while. When stock verification was made, deficit to the tune of Rs.83,293.87 was detected. The secretary of the Bank called upon the 1st respondent to explain the deficit which was specifically noted in the audit report. According to the Bank, 1st respondent gave a written undertaking owning responsibility for the en

















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