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1998 Supreme(Mad) 1456

P.SATHASIVAM
P. N. Chockappan & Others – Appellant
Versus
The Special Tribunal For Co-Operative Cases, High Court Campus & Others – Respondent


Judgment :

P. Sathasivam, J.

1. Aggrieved by the surcharge order passed by the second respondent dated 9. 1987, as confirmed by the common judgment dated 22. 1990 made in S.T.C.A.Nos.66 to 71 of 1988 on the file of the first respondent, the petitioners numbering 6 have approached this Court by way of the present writ petition.

.2. The case of the petitioners is briefly stated hereunder: First petitioner herein is the President, second petitioner is Ex. Vice-President and petitioners 3 to 6 are Ex-Directors of the third respondent-Society. It is stated that when the first petitioner was the President, the erstwhile Secretary, now dead, was in sole charge of the entire business of the society as per the Bye-law and resolution, and thus making use of that opportunity, he had defalcated the funds of the said society and caused loss to the assets of the same. Neither the first petitioner nor the other petitioners was negligent or careless in supervising, checking the accounts and deducting the misappropriated amount from the delinquent. An enquiry under Section 65 of the Tamil Nadu Cooperative Societies Act, 1961 (hereinafter referred to as "the Act") was ordered by the 2nd respondent




























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