K. Subramani vs The President, Adi Dravida Auto Rickshaw Drivers Ind. Co-op. Society, The Secretary, Adi Dravida Auto Rickshaw Drivers Ind. Co-op. Societies and The Assistant Director of Industrial Co-operative Societies

The Civil Revision Petition is directed against the judgement dated 7.6.2000 made in C.M.A.No.19 of 1999 on the file of the Principal District

Court, Erode.

The revision petitioner as plaintiff challenged the order of the Arbitrator/Secretary, Industrial Labour Co-operative Society in

Na.Ka.No.10520/1C-2/98 dated 23.1.1999 in A.R.C.No.18/98. As per the order, the claim of the revision petitioner u/s 90 of Tamil Nadu Co-

operative Societies Act, 1983 was dismissed.

The revision petitioner borrowed amount for purchasing auto in the year 1995 from the respondent society. He moved the Arbitrator stating that

he paid almost the loan amount and some of the payments made have not been deducted and also stating that the respondent society have

committed malpractice in entering the account with regard to the payments made by the revision petitioner. In fact, he also challenged the penal

interest collected from him. He also sought to pay the balance loan amount in instalment.

The Arbitrator after conducting enquiry, in which the evidence of the revision petitioner was recorded, rejected the claim and determined the

amount payable by the revision petitioner. That order was challenged before the Principal District Court, Erode and the said order has been

confirmed by the Principal District Court, Erode in C.M.A.No.19 of 1999. Therefore, the revision petitioner has filed this Civil Revision Petition

under Article 227 of the Constitution of India.

In this Civil Revision Petition, the same contentions, which have been urged before the Arbitrator, have been raised. The learned counsel for the

respondent society contended that the revision petitioner moved the Arbitrator and the Arbitrator after recording the evidence of the revision

petitioner has arrived the amount due by the revision petitioner, considering the amount paid by him with reference to the accounts maintained by

the respondent Society. As per the statement filed by the respondent society on 30.9.1998, subject matter of the Civil Revision Petition, the

revision petitioner has paid Rs.41,102.80 towards principal, interest and penal interest and accordingly, the amount due and payable by the

revision petitioner has been arrived at Rs.40,123/- towards principal and Rs.984/- towards interest and Rs.340.30 towards penal interest and

even according to the revision petitioner, he had paid instalment dues for 2 years at the rate of Rs.420/- per week towards loan amount and as

such, it is clear that he has to pay still the amount as claimed by the respondent society.

Though it is claimed that almost entire loan amount has been paid by the revision petitioner, he has not filed necessary R.C. Book before the

Arbitrator, as such, the amount as claimed by the respondent society is due and payable by the revision petitioner as per the accounts maintained

by the society. Therefore, considering that the Arbitrator has rightly rejected the claim of the revision petitioner, the Principal District Judge, Erode

has also rightly dismissed the Civil Miscellaneous Appeal. That judgement does not call for any interference by this Court.

In the result, this Civil Revision Petition is dismissed with cost. However, it is open to the revision petitioner to move the first respondent society

i.e. Adi Dravida Auto Rickshaw, Drivers Industrial Co-operative Society with regard to the amount payable and the society can consider the

request of the revision petitioner, in that the revision petitioner has purchased the Auto by availing loan from the society meant for only Adi Dravida

Community and if possible to waive penal interest.