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1994 Supreme(Mad) 581

SHIVARAJ PATIL
R. Pounthai, Wife of G. Rajaram – Appellant
Versus
The Co-operative Tribunal (Special Judge), Madurai and others – Respondent


Advocates Appeared:
N. Ganapathy, for Petitioner.
E. Padmanabhan, for Respondents.

Judgment :-

1. The facts of the case briefly stated are the following:

The petitioner borrowed a sum of Rs.16,000 from the third respondent Co-operative Society to construct a house by mortgaging the property. When she failed to repay the amount of loan with interest in instalments, an Arbitration Suit was filed against her for recovery of a sum of Rs.26,301.24 p. An exparte award/decree was passed against the petitioner, when the petitioner failed to appear before the Arbitrator, inspite of service of summons. The third respondent took up the execution proceedings in E.P.No.35/82-83 and contained an order for auctioning the house for realisation of the the amount due under the award. The petitioner filed an Appeal in C.M.A.No.52 of 1985 before the first respondent, challenging the pro- posed auction sale. The said Appeal also was dismissed on 12.2.1986. Hence, this Writ Petition is filed contending that as required under Rule 56(6) of the Tamil Nadu Co-operative Societies Rules, 1963 (hereinafter referred to as the Rules), copy of the award was not supplied free of cost to’ the petitioner. In the absence of the supply of such copy of the award, no appeal could be filed and hence the












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