Suit for injunction restraining Bank from taking any action for recovery of loan against provisions of Act or except under due process of law - is maintenable

Citation 

2010 (2) MWN (Civil) 546 (Mad)

IN THE HIGH COURT OF MADRAS

R.S. Ramanathan, J.

5.A. (MD) No. 4 of 2010 and M.P. No.1 of 2010.

March 11, 2010

Peter Alexander

Vs

Q-848, Sivakasi Co-operative Primary Agricultural and Rural Development Bank, Through Its Branch Manager, Sivakasi Town and Taluk, Virudhunagar District

TAMIL NADU COOPERATIVE SOCIETIES ACT, 1983 (T.N. Act 30 of 1983), Section 156 Maintainability of Suit against Co-operative Societies - Bar of Civil Court jurisdiction - Plaintiff filed a Suit for injunction restraining Bank from taking any action for recovery of loan against provisions of Act or except under due process of law - Apprehension of Plaintiff that Bank may indulge to take action for recovery of loan contrary to provision of Act Held, Suit for injunction restraining Bank from resorting to unlawful means for recovery of loan is maintainable-Bar under Section 156 cannot be applied to facts of case-Second Appeal allowed. [Paras 10, 11, 12 & 13]

...Appellant

...Respondent