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2020 Supreme(Mad) 1033

A.P.SAHI, SUBRAMONIUM PRASAD
P. Krishnan – Appellant
Versus
Deputy Director of Industries and Commerce (Industrial Co-operatives)/(District Registrar of Industrial Co-op), Guindy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.Singgaravelan Senior Counsel for Mr.M.S.Palanisamy
For the Respondent: Mr. L.P.Shanmugasundaram Spl. G.P. (Co-op)

JUDGMENT :

A.P. Sahi, J.

(Appeal filed under Clause 15 of the Letters Patent against the order dated 5.8.2019 in W.P.No.13358 of 2019 on the file of this Court.)

The appellant was serving as the Managing Director of TAICO Bank i.e., an Apex Body, under which 266 Primary Level Co-operative Societies were being supervised and controlled. The Societies were particularly catering to the improvement of the economic condition of the minority community. Certain loans for purchase of Auto rickshaws were advanced through the Societies and since there were defaults in repayment, an enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 (for brevity, “the 1983 Act”) was initiated, in respect whereof, a report dated 20.03.2015 was submitted. On the strength of such an enquiry, surcharge proceedings were initiated under Section 87 of the 1983 Act culminating in the passing of the order imposing surcharge against the appellant on 11th March 2019. A challenge raised by the appellant against the same in the writ petition, giving rise to the present appeal, has ultimately failed under the impugned judgment dated 5th August 2019.

2. The learned Single Judge, rejecting the contentions

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