K.VENKATARAMAN
B. S. Umapathi Iyer – Appellant
Versus
A. 1922, Madura Mahalakshmi Weavers Co-operative Production and Sales Society, Ltd. – Respondent
This Civil Revision Petition has been filed by the plaintiff in S.C.S. No. 105 of 1963 on the file of the Subordinate Judge, Madurai, against the order of the learned Judge holding that the suit is not maintainable in the civil Court by virtue of section 73(1)(b) of the Madras Co-operative Societies Act, 1961, and, therefore, directing the plaint to be returned to the plaintiff for presentation before the proper Tribunal constituted under the said Act. The suit of the plaintiff was brought against the co-operative society for recovery of a loan advanced by the plaintiff to the Society and of certain other amounts, deposited by him with the society when he was a member. The plaintiff resigned his membership on 29th August, 1962. The loan was made by him to the society, while he was a member, and so also the deposits. The defendant society pleaded the bar of section 73(1)(b) which, in so far as is material, runs thus:
“73. (1) If any dispute touching the constitution of the committee or the management or the business of a registered society (other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises-
(a)
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