A. Sermadurai, v. The Arbitrator

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)No.1 of 2015 A.Sermadurai ... Petitioner versus

1. The Arbitrator, Joint Registrar, Co-operative Housing Society, Tuticorin.

2. The President, Tuticorin Melur Co-operative Housing Society, (0.309), 198A, Puthugramam, Tuticorin - 628 003.

3. The Secretary, Tuticorin Melur Co-operative Housing Society, (0.309), 198A, Puthugramam, Tuticorin - 628 003.

4. Jeyasankar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for 1/6

the records relating to the case No.160/2015-2016 on the file of the respondent Bank and quash the same and consequently forbearing the respondent Bank from demanding any amount towards alleged loan availed in the name of the petitioner by the 4th respondent in respect of the claim made by the respondent bank and to initiate recovery proceedings against the 4th respondent.

For Petitioner : Mr.S.Siva Thilakar For R1 and R3 : Mr.A.Baskaran, Additional Government Pleader For R2 : No appearance

ORDER

This writ petition has been filed challenging the notice issued by the respondent Housing Society calling upon the petitioner to pay a sum of Rs.11,32,436/- towards loan.

2. The learned counsel appearing for the petitioner submits that the 4th respondent has taken the petitioner to the Bank and received the loan amount. In this regard, the petitioner has lodged a complaint as against the 4th respondent as well as the Secretary of the Society before 2/6

the concerned Police Station.

3. The learned Additional Government Pleader appearing for the official respondents has denied the averments made by the petitioner and has also furnished the details of the cheques issued in favour of the petitioner as under:

Sl.No. Date Cheque No.

Amount 1.

05.11.2008 111034 Rs.1,90,000/- 2.

07.03.2008 111159 Rs.1,42,500/- 3.

14.03.2009 111161 Rs.1,42,500/- Total Rs.4,75,000/-

4. It appears that the Secretary of the Society has swindled the amount, for which, the Department has lodged a complaint as against 53 persons in the year 2011 and the same was registered as Crime No.4 of 2011 and final report has been filed before the concerned Court. In the said case, the trial Court, after completion of the trial, acquitted some of the accused. Against the order of acquittal, the Department has also preferred an appeal and the same is pending before the learned 3/6

Principal District Judge, Thoothukudi.

5. Considering the fact that the loan amount has been disbursed to the petitioner through three cheques as stated above, this Court is not inclined to entertain this writ petition.

6. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 14.02.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Arbitrator, Joint Registrar, Co-operative Housing Society, Tuticorin.

2. The President, Tuticorin Melur Co-operative Housing Society, (0.309), 198A, Puthugramam, Tuticorin - 628 003.

3. The Secretary, Tuticorin Melur Co-operative Housing Society, (0.309), 198A, Puthugramam, Tuticorin - 628 003.

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B.PUGALENDHI, J.

ogy 14.02.2024 6/6