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1976 Supreme(Mad) 98

G.RAMANUJAM
Muthammal and another – Appellant
Versus
The Secretary, Kolathur Blacksmithy and Carpentry Workers’ Industrial Co-operative Society Limited, Kolathur Post, Mettur Taluk, Salem District and another – Respondent


Advocates:
K. Duraiswami, for Petitioners.
S. Ramalingam, Assistant Government Pleader, for Respondents.

Order.-The petitioners are the legal representatives of one deceased Ramalingam who was the president of the Kolathur Blacksmithy and Carpentry Workers’ Industrial Co-operative Society Limited, Kolathur, Mettur Taluk, Salem District till 31st August, 1969 when he was removed from that office. From the audit report for the period from 1st April, 1966 to 31st March, 1969 it was found that there has been a deficit in the stocks of various articles to the extent of about Rs. 5,946-19. The society filed an arbitration case for the recovery of the said amount of Rs. 5,946-19 being the value of the stock found short, under section 73 (1) (c) of the Tamil Nadu Co-operative Societies Act, 1961 (hereinafter called the Act). While the said arbitration case was pending, the said Ramalingam died on 8th November, 1970. Taking note of his death, the arbitrator dismissed the claim of the society on 12th November, 1970 on the ground that the claim has abated and that it is for the society to file a fresh claim against the legal representatives.

2. The society took the matter in appeal to the Co-operative Tribunal (the Principal District Judge, Salem), and the Tribunal by its Order, dated 12th Februa











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