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2011 Supreme(Mad) 4159

R.SUBBIAH
Humbi Hema Gooda, Rep. By its Power Agent R. Krishnasamy @ Girikannan – Appellant
Versus
Tamilnadu State Transport Corporation (CBE) Ltd. , Rep. by its Managing Director – Respondent


Advocates appeared:
For the Appellant:R. Subramanian for M. Venkadeshan, Advocates.
For the Respondent:R1 - T. Chandrasekaran, Advocate.

Judgment :-

1. Aggrieved by the order of dismissal made by the learned Additional District Judge, Fast Track Court No.3, Coimbatore, in E.A.No.12 of 2010 in E.P.No.17 of 2009 in O.S.No.128 of 2002 dated 08.02.2011, to raise the order of attachment, the appellant Trust has filed the present appeal before this Court.

2. The circumstances, which led the appellant to file the present appeal, are as follows:

(a) The 1st respondent herein, namely, Tamil Nadu State Transport Corporation (Coimbatore Division) filed a suit in O.S.No.80 of 1989 as against respondents 2 to 4 and 24 others for recovery of a sum of Rs.28,20,094.28 stating that during the period 1986 to 1988, the 1st respondent Corporation had disposed of 325 condemned vehicles through tender-cum-auction. Some of the defendants, who are the successful bidders, colluded with the officials of the Corporation, namely, the 1st and 2nd defendants in the suit, who were the Assistant and Deputy Manager (Traffic), had taken delivery of 55 vehicles without full payment/part payment, which caused loss to the Corporation to the extent of Rs.28,20,096.76. Hence, the Corporation has filed the said suit before the 1st

Additional Sub Court, Coi































































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