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2021 Supreme(Mad) 744

G.K.ILANTHIRAIYAN
R. Thangamani – Appellant
Versus
Salem co-operative Sugar Mills Ltd. , Represented by its Special Officer, Namakkal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :J. Anandhavalli, Advocate.
For the Respondents:R. Bala Ramesh, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the judgment and decree dated 21.06.2016 passed in C.M.A.(CS)No.39 of 2010 on the file of the learned Principal District Judge, Namakkal.)

1. This Civil Revision Petitions is directed as against the fair and decreetal order dated 21.06.2016 passed by the learned Principal District Judge, Namakkal, in C.M.A.(CS)No.39 of 2010, thereby dismissing the appeal filed as against the surcharge proceedings initiated by the second respondent herein.

2. The learned counsel appearing for the petitioner would submit that the second respondent passed surcharge order relates to the act of misappropriation of the sale amount by the labour contractor of the petrol bunk run by the first respondent herein. Therefore, it is no way connected with the management or touched the business of the second respondent and it completely outside the scope of the surcharge proceedings under Section 87 of the Tamil Nadu Co-operative Societies Act. The second respondent passed impugned surcharge order without even conducting detailed enquiry as contemplated under Section 87 of the Tamil Nadu Co-operative S

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