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1995 Supreme(Mad) 874

K.A.SWAMI, RAJU
P. Venkatachalam (deceased) and Others – Appellant
Versus
The Special Tribunal for Cooperative Cases, Madras and Others – Respondent


Advocates:
K.M.Santhanagopalan, for Petitioner. R.Muthukumaraswamy, Government Advocate, for Respondent Nos.1 and 2. K.Raghunathan, for Respondent No.3.

Judgment :-

K.A.Swami, C.J.

In this petition under Art.226 of the Constitution of India, the petitioner has sought for quashing the order dated 13. 1985 passed by the first respondent in C.M.A. No.57 of 1980. That was an appeal preferred against the award dated 6. 1978 passed by the Deputy Registrar of Co-operative Societies, Ootacamund, second respondent herein in A.R.C. No. 1856/76-77. The second respondent passed an award against the petitioner for a sum of Rs.65,188.08 being the value of the stock deficit occurred in the oil men section of the petitioner society as on 312. 1976 and 30.1.1977. The first respondent affirmed the said award by judgment dated 13. 1985 in C.M.A.No.57 of 1980. Of course, in this case, the petitioner died during the pendency of the writ petition and his legal representatives have been brought on record who are petitioners 2 to 8. It may also be pointed out here that the deceased petitioner was also prosecuted by the third respondent society on the same set of facts for the offence of breach of trust and misappropriation in C.C. No.97 of 1980 before the Special Judicial I Class Magistrate, Coimbatore and he was acquitted by the Special Judicial I Class M






















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