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2005 Supreme(Mad) 1432

P.K.MISRA
Kanagapuram Primary Agricultural Co-operative Bank Limited rep. by its Secretary – Appellant
Versus
The District Registrar & Another – Respondent


Advocates Appeared:For The Petitioner:C. Prakasam, Advocate. For The Respondents: S. Gomathinayagam, Special Govt. Pleader.

Judgment :-

(Petition filed under Article 226 of the Constitution of India for the issuance of writ of certiorarified mandamus to call for the entire records in so far relate to impugned order passed by the 2nd respondent in his proceedings I.No.36/2004, dated 11.10.2004 and quash the same, consequently, directing the respondents to return the original sale deed registered on 7.5.2004 in Document No.P200400056 (Book 1), dated 7.5.2004.)

The petitioner Society, which is a Primary Agricultural Co-operative Bank registered under the Co-operative Societies Act, has filed this writ petition for quashing the order dated 11.10.2004 passed by the second respondent in proceedings I.No.36/2004 and directing the respondents to return the original sale deed registered on 7.5.2004 as pending document No.56 of 2004.

2. The brief facts are as follows :-

An arbitration proceedings was initiated against the former Secretary of the petitioner society, as he had misappropriated the Bank’s funds, and an award was passed. Since such amount had remained unpaid, the petitioner filed application under Rule 126 of the Tamil Nadu Co-operative Societies Rules, 1988 for attachment and sale of immovable property





















































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