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2001 Supreme(Mad) 360

PRABHA SRIDEVAN
Mankanner Jain Social Welfare Society, By Its Secretary – Appellant
Versus
Anilkumar J. Doshi – Respondent


Appearing Advocates:Ashok Viswanath, P. Valliappan, Advocates.

Judgment :-

This revision deals with the maintainability of a suit, when there is a provision for arbitration between the parties. The respondent became a member of the petitioner/Society, the objective of the petitioner was to create and cultivate the habit of thrift and saving among the members of the society. The society also receives deposits from its members and grants loans to them against their deposits, which is secured by the other members. In or about 1996, the respondent sent a circular to other members regarding some irregularities in the functioning of the petitioner/society. Subsequent to that, one of the members of the petitioner/society lodged a complaint against the respondent on the ground that the respondent was acting against the interest of the petitioner. The complaint is dated 25.2.1997, whereunder, expulsion of the respondent is sought for. The respondent sent his reply on 7.5.1997 and 16.5.1997. The petitioner directed the respondent to appear before the Managing Committee on 21.8.1997, failing which, the respondent was informed that the question of expulsion would be decided ex parte. The respondent sent a reply, but the petitioner passed a resolution on 2





































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