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Supreme Court of India 2022-01-04 partly_allowed

Kurian Pallath & Ors vs Arbitrator/Assistant Registrar of Co-Operative Societies (G) Mavelikkara & Ors

Bench: 1 — 1

In Brief

A cooperative bank sought recovery of ₹34 crores allegedly misappropriated by three employees through falsification of accounts and unauthorized computer access. The bank had impleaded the former Secretary, Managing Committee members, the deceased President's heirs, and the banking software provider as additional defendants. The Supreme Court held that the software provider cannot be impleaded because supplying software is not a 'business transaction' of the society within Section 69 of the Co-operative Societies Act. However, the Secretary and Committee members, being responsible for management, may properly be impleaded to answer for alleged mismanagement and involvement. The Court allowed the writ petitions of the software providers and dismissed the others.

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Co-operative Law Arbitration and Recovery Corporate Governance Misappropriation of Funds Civil Procedure

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