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2013 DIGILAW 2440 (MAD)

T. Kamaraj v. Deputy Registrar of Co-operative Societies, Erode

2013-07-12

K.RAVICHANDRA BAABU

body2013
Judgment :- 1. This Civil Revision Petition is filed against the judgment made in C.M.A.No.20 of 2001 on the file of Principal District Court, Erode. 2. The said Civil Miscellaneous Appeal was preferred by the petitioner herein against the surcharge award dated 9.10.1998 passed by the first respondent herein under section 90 of the Tamil Nadu Co-operative Societies Act. The lower appellate court dismissed the appeal by confirming the award dated 8.10.1998. 3. Now, it is represented by the learned counsel appearing on either side that the issue involved in this civil revision petition is directly covered by the decision of this court made and reported in 2013(2) TLNJ 157 (Civil) [T.Kamaraj v. Deputy Registrar of Co-operative Societies, Erode and others] wherein also, the petitioner is the same person. In the said decision, the only dispute is with regard to rate of interest payable by the petitioner. The learned Judge, in the said decision, after considering the rival pleadings of the parties, has fixed only 6% as rate of interest payable by the petitioner towards the claim of the first respondent. 4. Both the learned counsels submitted that the finding rendered in the said decision, wherein the very same petitioner is a party, is also applicable to the present case. The only difference is that the respondent society varies. It is also submitted before this court by filing a memo of calculation stating that the petitioner is bound to pay a sum of Rs.2,62,477/-towards principle and at the rate of 6% interest per annum, he is liable to pay interest from 9.10.1998 to 15.7.2013, a sum of Rs.2,32,648/-. Thus, a total sum of Rs.4,95,125/- plus the expenses of Rs.21,060/-, in all, a total sum of Rs.5,16,185/-is payable by the petitioner. 5. The said memo of calculation filed by the second respondent is not disputed by the learned counsel for the petitioner and in fact, he admits the facts and figures given in the said calculation. 6. Therefore, the petitioner is directed to pay a sum of Rs.5,16,185/- to the second respondent-society along with interest at the rate of 6% per annum from the date of this order till the date of realisation. It is also made clear that if any payment is already made by the petitioner towards the said liability, it has to be adjusted accordingly while making final payment. 7. The Civil Revision petition is disposed of accordingly. It is also made clear that if any payment is already made by the petitioner towards the said liability, it has to be adjusted accordingly while making final payment. 7. The Civil Revision petition is disposed of accordingly. No costs.