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1933 Supreme(Mad) 61

BEASLEY, BARDSWELL
Manjeri S. Krishna Ayyar – Appellant
Versus
The Secretary, Urban Bank Ltd. , Calicut – Respondent


JUDGMENT

Beasley, J.

1. This is a Letters Patent Appeal from an order of Burn, J., dismissing the appellants petition for the issue by the High Court of a writ of prohibition prohibiting the respondents from proceeding with the trial of Suit No. 179 of 1932-1933 on the file of the Deputy Registrar of Co-operative Societies, Calicut.

2. The appellant who is a legal practitioner -was and is a member of the Calicut Cooperative Bank Ltd. He was a director of the bank from November, 1919, to December, 1929, and then again from October, 1930, to January, 1932. He was also the legal adviser of the bank from September, 1922, to December, 1929, and he was also the Vakil of the bank from July 1922, to March, 1932. The Secretary of the Calicut Urban Bank Ltd., tiled a suit under Section 51 of the Madras Co-operative Societies Act (VI of 1932) against the appellant claiming a sum of Rs. 6,017-7-1.

3. That amount is made up as follows:

Rs. A. P. (a) Out of pocket expenses charged by the appellant ... 1,007 1 0 (6) Extra fees charged by him for which there is no sanction of the Directors ... 892 12 0 (c) Aggregate of amounts paid in by him to the bank out of collec- tion from the banks borrower which














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