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1977 Supreme(Mad) 151

A.D.KOSHAL
S. K. Subbiah Pillai – Appellant
Versus
Radhakrishnan, Special Officer for Salaimangalam Co-operative Stores Limited, T. No. 2749, Salaimangalam Village, Tanjore Munsiff (under Liquidation) and another – Respondent


Advocates:
V. Rama Jagadeesan, for R. Krishnamoorthy D. Raju and A.R. Lakshmanan, for Petitioner.
B. Rajagopalan, for Respondent.

ORDER: A dispute between the Salaimangalam Co-operative Stores Limited, a Co-operative Society which is hereinafter referred to as the Society, and the petitioner who was a member of that Society, was referred to the arbitration of the Co-operative Extension Officer, Ammapet, who gave his award dated the 31st August, 1970 holding the petitioner liable for a sum of Rs. 3,066-05P. to the Society. The petitioner went up in appeal to the District Judge, Thanjavur, acting as the Tribunal under section 96 ties Act (hereinafter referred to as the Act). (hereinafter referred to as the by the Tribunal not be entertainable, that the Society had gone into liquidation during its pendency and that section 89 of the Act was a bar to it. That section states:

‘Save in so far as is expressly provided in this Act, no civil Court shall take cognizance of any matter connected with the winding up or cancellation of the registration of a registered society under this Act, when it is by a liquidator as such or against the liquidator as such or against the society or any member thereof on any matter touching the affairs of the registered society, except by leave of the Registrar and subject to such terms a






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