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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
A.ABARNA DEVI – Appellant
Versus
THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES – Respondent
| Table of Content |
|---|
| 1. attachment of property in surcharge orders. (Para 2 , 3) |
| 2. need for claim petition to protect property rights. (Para 5 , 7) |
| 3. court's delegation of claims to the first respondent. (Para 6) |
| 4. conditions for deposit to prevent property sale. (Para 8) |
O R D E R
The petitioner is the daughter of one Ameerhyderkhan. The petitioner is the progeny of the wedlock between the said Ameerhyderkhan and one, Parameswari.
2. The petitioner's father was a Secretary of the 2nd respondent society. He was visited with surcharge proceedings for alleged malfeasance during his tenure as the Secretary of the 2nd respondent society. The surcharge order was passed quantifying the loss at Rs.16,32,253/-. Aggrieved by the same, Mr.Ameerhyderkhan has also preferred an Appeal before the Principal District Judge cum Co-operative Tribunal at Mayiladuthurai in C.M.A. No. 348 of 2021. The appeal is said to be pending. The petitioner's father was dismissed from service and he has also challenged the said dismissal in W.P. No. 35739 of
2023. As there is no interim order in any of the proceedings, the 1st respondent had proceeded to attach the property in his proceedings Na.Ka. 1298/2021/Sa.Pa. dated
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