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2007 (5) TMI 675

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..... . 1202 OF 2007 - - - Dated:- 24-5-2007 - H.L. DATTU AND K.T. SANKARAN, JJ. APPELLANT BY: ADV. SRI.BABU KARUKAPADATH RESPONDENTS BY: SPL. GOVERNMENT PLEADER FOR CO-OPERATIVE SOCIETIES, SMT. A.G. ANITHA. JUDGMENT H.L. Dattu, J. The 4 th respondent in the Writ Petition No. 10082 of 2007 is the appellant in this appeal. 2. The appellant is calling in caution the correctne .....

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..... ef sought for in the Writ Petition was to direct the appellant to disburse the amount as per Exts. P1(a) to P1(e) with interest. Those exhibits are fixed deposit receipts. 4. The learned single Judge while entertaining the Writ Petition has granted the interim prayer, as sought for, by the contesting respondent in this appeal. 5. Heard learned counsel on both sides. Learned counsel for the a .....

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..... Judge ought not to have granted the interim prayer. 7. Par contra, learned counsel for the contesting respondent would submit that the deposit so made by the contesting respondent with the appellant's society was a short term deposit and since the request for refund of that money was not acceded by the appellant's society, they were constrained to approach this court for appropriate re .....

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..... ot have entertained the Writ Petition when alternative and efficacious remedies are available for the contesting respondent. Apart from that, Section 69 of the Act provides itself that the dispute between the parties has to be resolved by filing appropriate dispute before the Registrar of the Co-operative Societies. Without doing so, the contesting respondent had rushed to this Court. The learned .....

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