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Madras High CourtCRP/3271/2008allowed

E.M.Palaniswamy v. The Deputy Registrar Of

2021-02-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and MP.No.1 of 2008 E.M.Palaniswamy ..Petitioner Vs.

1.The Deputy Registrar of Co-operative Societies, Coimbatore - 641 018 2.The Coimbatore District Consumer Cooperative Wholesale Stores rep by its Secretary, R.S.Puram, Coimbatore-02 3.A.S.H.Sheik Dawood 4.A.S.H.Moosa 5.K.V.Rangarajan 6.S.Pichumani 7.S.Marisamy 8.V.Rajaraman 9.E.S.Shanmugasundaram 10.M.Chinnadurai 11.S.Ramachandran 12.S.N.Durai 13.S.Subramanian 14.D.Koilpitchai 15.G.Ramamurthi 16.N.Subbaya 17.S.Sivanandam 18.M.Arumugam 19.R.Kumarasamy 20.V.Rajagopalan 21.G.A.Subbulakshmi 22.Special Officer, Educated Unemployed Youth Cooperative Society, Office of the Deputy Registrar, Coimbatore-18 ..Respondents 1/4

PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 31.01.2008 passed by the Principal District Judge, Coimbatore in CMA.No.119 of 1995. For Petitioner : Mr.V.Goverdhan For Respondents For R1 : Mr.L.P.Shanmugasundaram, Special Government Pleader For R2 : Mr.P.Anbarasan R5,10,11,13 to 15 17,19,21,22 : notice served R3,4,6 to 9, 16, 18 to 20 : not ready in notice

ORDER

This civil revision petition is arising out of the order dated 31.01.2008 passed by the Principal District Judge, Coimbatore in CMA.No.119 of 1995.

2.

It is seen that the petitioner and other persons suffered an arbitration award in ARC.No.310/1989-90 dated 20.01.1995 under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983, against which statutory appeals were filed, which were also dismissed. However, against the said orders, civil revision petitions were filed before this Court by some of the persons and this Court allowed the 2/4

same and set aside the award passed in ARC.No.310/98-90 dated 20.01.1995 in respect of the petitioners therein. 3.

Now the petitioner also has come forward with this civil revision petition against the same arbitration award. Therefore, the petitioner is also entitled for the same relief granted by this Court in CRP.NPD.Nos.3210, 3590 and 3591 of 2008 dated 18.06.2010.

4. As such, in view of the order passed in CRP.NPD.Nos.3210, 3590 and 3591 of 2008 dated 18.06.2010, this civil revision petition is also allowed and the award dated 20.01.1995 passed in ARC.No.310/1989-90 as confirmed by the Special Tribunal for Cooperative cases (Principal District Judge, Coimbatore) in Cooperative Civil Miscellaneous Appeal No.CMA.No.119 of 1995 dated 31.01.2008 is set aside only insofar as the petitioner herein is concerned. Consequently, connected miscellaneous petition is closed. No order as to costs.

25.02.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 3/4

G.K.ILANTHIRAIYAN,J.

lok To The Principal District Judge, Coimbatore 25.02.2021 4/4