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1954 Supreme(Mad) 343

RAJAGOPALA AYYANGAR
The Bhavani Kudal Co-operative Urban Bank, Ltd. , by its Secretary Mr. M. Subramaniam – Appellant
Versus
B. R. Venkatapathi Naidu – Respondent


Advocates:
R. Gopalaswami Aiyangar for Appellant.
S.S. Ramachandra Aiyar and K.S. Ramamurthi for Respondent.

Judgment

The Bhavani Kudal Co-operative Urban Bank which was the defendant in O.S. No. 159 of 1947 on the file of the District Munsif’s Court, Erode, is the appellant in this Second Appeal. The plaintiff-respondent was the Secretary of the defendant Bank and had been dismissed from the defendant’s service by an order dated 21st May, 1944. The suit out of which this appeal arises was pled for the recovery of damages for wrongful dismissal, salary during the period of Suspension, the Provident Fund amount standing to the plaintiff’s credit, and interest on these sums, etc.

The facts giving rise to these proceedings were shortly these. The plaintiff had been secretary of the defendant Bank for nearly 15 years and as Secretary was under bye-law 23(a)(ii) responsible for the executive administration of the Bank. While so a notice dated 15th October, 1943, was received from the Registrar of Co-operative Societies setting out a number of irregularities committed by the management of the Bank and threatening the supersession of the Board of management and asking them to show cause why this should not be done. On receipt of this communication which is marked as Exhibit B-1, the President of t

















































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