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1982 Supreme(Mad) 125

GOKULAKRISHNAN
K. Sambandam – Appellant
Versus
Sirkali Co-operative Urban Bank – Respondent


Advocates:
P. Veeraraghavan, for Petitioner; S. Jayaraman, for Respondents.

Judgement

ORDER :- The first respondent in E.P. No. 66 of 1979 on the file of the District Munsif of Sirkali is the petitioner herein. The first respondent herein as the plaintiff in C.T.I.A. 317 of 1973-74, got an award from the arbitrator of Co-operative Societies, Sirkali, against the petitioner and the second respondent herein on 30th May, 1974 under Section 73 of the Tamil Nadu Co-operative Societies Act (Act 53 of 1961). In that proceedings, the first respondent herein claimed a sum of Rs. 2,270-65 due on a surety bond dated 30-11-1971, with further interest at one paise per rupee per mensem from the date of making the reference to the date of recovery and costs. During the enquiry, the petitioner and the second respondent herein remained ex parte. The arbitrator directed the petitioner and the second respondent herein to pay to the first respondent a sum of Rs. 2,349.22 with interest thereon at two paise per rupee per mensem from the date of the award till realisation. In order to execute this award, the first respondent herein filed E.P. No. 66 of 1979.

2. The main question that was decided in the execution petition was whether the award and claim of excessive interest beyon





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