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1990 Supreme(Mad) 928

KANAKARAJ
S. S. Viswanathan – Appellant
Versus
The Deputy Registrar, Office of the Registrar of Co-op. , Societies, Tiruvarur, Tanjore District – Respondent


Advocates Appeared:
For the Petitioner:K Chandramouli, Advocate.
For the Respondent: M Govindarajan A.G P.

Judgment :-

1. The petitioners are the office bearers of the Nannilam Co-operative Agricultural Bank Limited, a society registered under the Tamil Nadu Co-operative Societies Act 1961. By a notice dated 29-11 1982 the petitioners were called upon to show cause why a sum of Rs. 98,123. 61 should not be ordered to be recovered from the petitioners jointly and severally. The notice clearly shows that it was issued under S. 71 of the Tamil Nadu Co-operative Societies Act, 1961. It is the validity of the said notice that is attacked in this writ petition.

2. Mr. K. Chandramouli, learned counsel for the petitioner refers me to S. 71 of the Act. In particular he relies upon pro viso to S. 71 of the Act which is as follows:

“Provided that no such enquiry (shall be commenced) after the expiry of six years from the date of any act of omission referred to in this sub-section.”

The enquiry that is referred to in the proviso is an enquiry that the Registrar is permitted to make into the conduct of a person or an officer servant of the Society. Before making, an enquiry, he may pass an order requring such person to repay or restore the money or the property which had been either misappropriated or




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