The Park Town Co-Operative v. Jothi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.Nos.18199 to 18201 of 2017 CRP.NPD.No.3892 to 2017 The Park Town Co-operative Wholesale Stores Ltd. Rep. by its Managing Director, G-133, 1st Main Road, Anna Nagar (East), Chennai 600 102 ..Petitioner Vs.
1.Jothi 2.The Deputy Registrar of Cooperative Societies (Non Credit) Kuralagam, Chennai 600 108 ..Respondents against the order and decree dated 13.07.2017 made in CMP.No.1 of 2017 in CMA.No.48 of 2016 on the file of Chief Judge / Presiding CRP.NPD.No.3893 to 2017 1/6
The Park Town Co-operative Wholesale Stores Ltd. Rep. by its Managing Director, G-133, 1st Main Road, Anna Nagar (East), Chennai 600 102 ..Petitioner Vs.
1.Srinivasan 2.The Deputy Registrar of Cooperative Societies (Non Credit) Kuralagam, Chennai 600 108 ..Respondents against the order and decree dated 13.07.2017 made in CMP.No.3 of 2017 in CMA.No.50 of 2016 on the file of Chief Judge / Presiding CRP.NPD.No.3894 to 2017 The Park Town Co-operative Wholesale Stores Ltd. Rep. by its Managing Director, G-133, 1st Main Road, Anna Nagar (East), Chennai 600 102 ..Petitioner Vs.
1.M.Alagusundaram 2.The Deputy Registrar of Cooperative Societies (Non Credit) Kuralagam, Chennai 600 108 ..Respondents 2/6
against the order and decree dated 13.07.2017 made in CMP.No.5 of 2017 in CMA.No.54 of 2016 on the file of Chief Judge / Presiding COMMON ORDER These civil revision petitions are filed against the order and decree dated 13.07.2017 made in CMP.Nos.1, 3 & 5 of 2017 in CMA.Nos.48, 50 & 54 of 2016 on the file of Chief Judge / Presiding Chennai thereby dismissing the petition to implead the petitioner as the party in civil miscellaneous appeals.
2.
The petitioner is the proposed respondent in the civil miscellaneous appeals filed by the first respondents herein. On perusal of the records revealed that the first respondents were the employees of the petitioner society. There was misappropriation and as such on the complaint, enquiry was conducted under Section 81 of the Tamil Nadu 3/6
Cooperative Societies Act. On receipt of the said report, under Section 87 of the said Act, the second respondent passed surcharge proceedings as against the first respondents herein. The first respondents challenged the surcharge proceedings before the court below. While appeals were pending, the petitioner being Park Town Cooperative Wholesale Stores Limited filed petition to implead as second respondent in the appeals filed by the first respondents herein.
3.
Now, the learned counsel for the respondents submitted that the main civil miscellaneous appeals itself were allowed in favour of the first respondents and the surcharge proceedings initiated by the second respondent were set aside by the judgment and decree dated 17.08.2017. That apart, the petitioner filed petition to implead as second respondent in the appeals filed by the first respondents for the reason that the petitioner is the employer of the first respondent. Now loss caused to the petitioner society and as such they have to take care of the interest of the society and they want to implead themselves as party to the surcharge proceedings under challenge. Though the petitioner society lodged complaint, on the complaint Enquiry Officer conducted enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act and on the 4/6
strength of the enquiry report, surcharge proceedings were passed by the second respondent herein. However, it was now set aside. Therefore, this Court finds no irregularity or infirmity in the orders passed by the court below.
4.
Accordingly, these civil revision petitions are dismissed. Consequently, connected miscellaneous petitions are closed. No order as to costs.
15.03.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 5/6
G.K.ILANTHIRAIYAN,J.
lok To The Chief Judge / Presiding Officer, Special Tribunal for Cooperative Cases, Small Causes Court, Chennai.
and CMP.Nos.18199 to 18201 of 2017 15.03.2021 6/6