N SUMITRA Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) CHALLENGING the Order of attachment under Section 167 of the Tamil Nadu Cooperative Societies Act [dated 20.10.2006], the Petitioner has filed this Writ Petition.

(2.) BRIEF facts are as follows:'Petitioner's husband Balachandran while working as Salesman at the second Respondent Cooperative Stores has caused deficiency to the assets of the second Respondent Cooperative Stores to the tune of Rs.2,54,896.96. Balachandran died on 22.07.2000 by committing suicide. To recover the deficit amount, the second Respondent has issued Notice to the Petitioner [24.07.2000] to make good the stock deficit amount to the second Respondent. By the said Notice dated 24.07.2000, details of stock deficit was also furnished. Since no amount was paid, the second Respondent had preferred arbitration claim before the 1st Respondent in accordance with Section 167 of the Tamil Nadu Cooperative Societies Act, 1983 [in short, the Act]. The first Respondent has issued the Notice dated 25.09.2000, calling upon the Petitioner 'legal heir of deceased Balachandran to furnish security for the said sum of Rs.2,54,896.96 being stock deficit. Since the Petitioner has not furnished security, on being satisfied, the first Respondent had passed the impugned order of conditional attachment.

(3.) SECTION 167 of the Act deals with furnishing of Security and attachment. SECTION 167 of the Act reads as under: -