LAWS(APCDRC)-2011-6-18

ANDHRA BANK, SRISAILAM BRANCH, REP BY ITS BRANCH MANAGER Vs. AKHILA BHARATIYA BRAHMANA KARIVENA NITYA

Decided On June 06, 2011
Andhra Bank, Srisailam Branch, Rep by its Branch Manager Appellant
V/S
Akhila Bharatiya Brahmana Karivena Nitya Respondents

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.91 of 2006 dated 25.03.2009 on the file of District Forum Kurnool, the opposite parties no.1 to 3 preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant is a Society registered under the Societies Registration Act which had several S.B.Accounts and one of them is S.B.A/c No.909 in the branch of opposite party no.1 since several years. The said account was operable by the Secretary and the Treasurer of the Society together. The cheques signed both by the Secretary and the Treasurer alone were being accepted for drawing of amounts from the accounts of the complainant Society. While so when two of the office bearers of the Society by names T.Rama Moorthy, the then Joint Secretary-cum-Treasurer and Ch.Thyagaraja Sarma the then Vice President of the complainant started creating trouble. As per the demand of the members of the Executive Committee of the Society, the Secretary of the Society held Executive Committee Meetings on 19.2.2006 and passed resolution to strip off the powers of Joint Secretary-cum-Treasurership and Vice Presidentship by electing Dr.Venugopal as the new Treasurer. The said resolution was duly intimated to opposite party no.1 by its letter dated 22.02.2006 enclosing a notarized Xerox copy of the resolution of the Executive Body of the Society and requested to recognize the newly elected treasurer and his signatures in the place of the removed treasurer.

(3.) The complainant submits that the first opposite party accepted the change of Treasurership of the complainant Society and honoured cheque bearing NO.012843 dated 4.3.2006 for Rs.30,000/- but dishonoured the cheque bearing No.012844 issued in favour of T.Govinda Krishnaiah Setty for sum of Rs.16,045/- towards printing expenses on the ground that the accounts of the Society has been freezed. The complainant society addressed letter dated 19.5.2006 to the first opposite party marking copies to opposite parties no.2 and 3 questioning the unilateral freezing of accounts and the dishonour of the cheque and also requested them to immediately withdraw the freezing of the Satram accounts. Opposite party no.1 gave reply dated 5.6.2006 justifying his action of freezing S.B.A/c of the complainant in conformity with the constitution of byelaws of the complainant Satram. The enquiries made by the complainant Society revealed that with the collusion of the erstwhile office bearers of the complainant Society the opposite party no.1 honoured the following cheques issued by the erstwhile office bearers of the complainant Society.